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The Offensive Behaviour at Football and Threatening Communications (Scotland) Act has received Royal Assent, the Minister for Community Safety announced recently.

The Act will give Scotland's police and prosecutors the additional tools they have asked for to extract poisonous songs of hatred from Scottish football and threats of harm being posted on the internet.

The new laws create two new distinct offences, punishable through a range of penalties up to a maximum five-year prison sentence:

• The first offence targets any offensive and threatening behaviour expressed at and around football matches which is likely to cause public disorder.
• The second offence relates to the communication of threats of serious harm or which are intended to stir up religious hatred on the internet or other communications.

The Scottish Government will now lay a commencement order to bring the new laws into force on March 1, 2012.

Minister for Community Safety and Legal Affairs, Roseanna Cunningham said:

"These new laws will give Scotland's police and prosecutors the additional tools they have asked for to extract poisonous songs of hatred from Scottish football and threats of harm being posted on the internet.

"The passing of this Act sends out an important message about the kind of Scotland we want to live in and tells the bigots in no uncertain terms that this behaviour will not be tolerated in a modern Scotland.

"By all means enjoy the banter and passionate support for your football teams, even passionate opposition of other football teams – it is the lifeblood of football. But sectarianism and other expressions of hate are not acceptable and it is time for it to stop. Those engaging in it will face the full force of the law."

A poll carried out by TNS-BMRB during Parliament’s consideration of this legislation revealed that 91 per cent of Scots back stronger action to tackle sectarianism in Scottish football.

While these laws are a key step, they are only a single step and the Scottish Government will be looking to bring forward further wide-ranging action over the five-year term to tackle sectarianism in all its forms. The Minister for Community Safety recently announced unprecedented funding of £9 million over the next three years, to be directed towards tackling sectarianism in different ways across society.

Detail on Act:

The Act provides for two new offences: Offensive Behaviour related to football and Threatening Communications.

OFFENCE A - "OFFENSIVE BEHAVIOUR"

Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder. The offence covers behaviour likely to lead to public disorder:

• Expressing or inciting religious, racial or other forms of hatred.
• Threatening behaviour or behaviour which would be Offensive to any reasonable person.
• Covers behaviour at and on the way to or from a "regulated football match", which includes league, European and international matches.
• Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case.
• Also covers anywhere a match is being broadcast in a public place, and travel to and from such places.
• Covers a wide range of behaviours with appropriate relevant penalties ranging from fixed penalty notices (£40) and Community Payback Orders to a maximum of 5 years in prison and an unlimited fine.

OFFENCE B – "THREATENING COMMUNICATIONS"

Intended to deal with threats of serious harm and threats which incite religious hatred.

The offence covers:

• Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do. This includes implied threats (e.g. the posting of bullets or images depicting serious harm).
• Threats intended to incite religious hatred.
• It is a defence that the behaviour was in the situation "reasonable" and there is specific provision regarding protection of freedom of expression. This is intended to exclude artistic performance etc.
• Maximum penalty of 5 years in prison and an unlimited fine.