Scotland's Hate Crime Act will restrict freedom in a way not seen since the Middle Ages – Alistair Bonnington

Self-contradictory new law, set to come into force on Monday, is ‘pure mince’ but also poses a real danger to freedom of expression, writes Alistair Bonnington

For me, reading the Hate Crime and Public Order (Scotland) Act was an experience rather reminiscent of the scene in the Rockridge Church in the film Blazing Saddles, when the townsfolk are regaled incoherently by the city's drunk, Gabby Johnson. "I'm so glad you lovely people heard that," declares the mayor, “it was genuine frontier gibberish.”

Gibberish this legislation undoubtedly is, but potentially extremely dangerous gibberish which could see entirely respectable and reasonable citizens prosecuted for expressing viewpoints which the law would allow in almost every country in the world. The Act – like almost all of the SNP's attempts at law-making – has been penned by someone who does not understand how the law works in practice.

It is also ridiculously self-contradictory – almost every paragraph being followed by one which seems to say the opposite. If this drivel ever gets into a court, I can see the sheriff repeating the observation of the late Sheriff Richard Davidson on the SNP's daft Offensive Behaviour at Football Act: “This is pure mince.”

Mel Brooks, who co-wrote and directed Blazing Saddles, does a impersonation of Adolf Hitler whom he jokingly thanked for helping launch his career as a comedian (Picture: Mark Ralston/AFP via Getty Images)

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Undoubtedly, the Act could be used to persecute people holding viewpoints which don't accord with the SNP's embracing of weirdo woke nonsense – something rejected by almost the entire Scottish population. The use of the name “Jo” – as in JK Rowling – in the training materials used by Police Scotland demonstrates what nasty little people are behind all this. More importantly, the Act specifically seeks to put Police Scotland under the direction of politicians. Operational independence is vital if we are not to live in a police state. After this Act, Scots will clearly do so.

The media in particular is caught by the Act. Scotland's newspapers, radio, TV and Internet writers will find themselves ruled by the kind of restrictive regime we haven't seen since the Middle Ages. The Act is wide enough for the ‘offending’ journalist, editor and even the publishers to be brought to court, with a potential penalty of seven years in prison. As you might expect, the First Minister's assurance that the Act doesn't impinge on free speech is incorrect.

Unless things have changed, over half of what is said in a Glasgow pub each evening is a crime under this Act. And don't think you can cower at home to stay safe – your kids, friends and family can "get ra polis" to you for views expressed as you shout at the telly.

Laws can do many things but they can't make us like each other. That's really what this stupid Act sets out to do. Being promoted by a political party which peddles hatred against everyone who disagrees with them is not a great start. In fact, this Act should not get started at all. If they have any sense, Police Scotland will place this silly law in the "pending" pile – pending for around a century would be about right.

Alistair Bonnington is a former honorary professor of law at the University of Glasgow and a former head of legal at BBC Scotland