Edinburgh Festival Fringe: Venue boss raises 'freedom of expression' fears over new hate crime law

Guidelines suggest performers in plays and spoken word events could fall foul of legislation

One of the leading figures involved in staging the Edinburgh Festival Fringe has warned Scotland’s new hate crime laws are set to create a “minefield” for performers appearing at the world-famous event.

William Burdett-Coutts, founder of Assembly Festival, one of the biggest and longest-running venue operators, has raised fears that “freedom of expression” at the festival could be at risk in future.

New concerns have emerged about the impact of the Hate Crime and Public Order (Scotland) Act 2021, which is due to take effect next month, in the wake of reports that official training material for police officers has highlighted how public performances could fall foul of the new law.

The legislation sets out how an individual could commit an offence through the use of “threatening, abusive or insulting” material that stirs up hatred based on certain “protected characteristics,” such as age, disability, religion, sexual orientation and transgender identity.

Official guidance from the Scottish Government has said “threatening or abusive” behaviour could arise in “any setting”, and gives specific examples of “when performing, including in a play or a show on stage or in a film”.

Police Scotland has denied suggestions that its officers are being told to “target” actors and comedians when the new legislation is introduced. However, the force has admitted its training material includes examples of “a range of scenarios where offences might take place”, which are based on the Government’s guidance.

One training slide is said to highlight how an offence could be committed by the “public performance of a play” or “through the spoken word.”

Assembly Festival George Square. Assembly is one of the biggest venue operators at the Edinburgh Festival Fringe. Picture: William Burdett-Coutts

Mr Burdett-Coutts said: “What a minefield. My concern, of course, would be freedom of expression for artists. Particular targeting of performers seems wrong. I hope it doesn’t impact on the Fringe.

"Comedians can often run a fine line, but then being challenging can often be what provokes humour. The public can always choose not to go to a show if they don’t like the performer or what they are saying. Lenny Bruce might turn in his grave."

Posting on social media, leading Fringe comic Mark Nelson said he would “love it" if the police turned up to his coming Glasgow International Comedy Festival show at the King’s Theatre.

He said: “Listen, there’s no hate speech or hate crime at all in my show, unless you consider jokes about all political parties, including the SNP, and the royal family, to be hate speech. If that is the case, the please come and try and arrest me.”

Mark Nelson will be playing the King's Theatre as part of the Glasgow International Comedy Festival.

It comes as Police Scotland revealed concerns the new Hate Crime Bill would create additional pressures. An agenda from a Scottish Police Authority meeting due to take place on Thursday showed a submission from Police Scotland’s chief financial officer James Gray, which stated no budget provision had been allocated for “new legislation”.

A Police Scotland statement said the force was “not instructing officers to target actors, comedians or any other people or groups.”

It added: “Our training package has been developed in close consultation with stakeholders to ensure all characteristics protected by legislation under the new Act are clearly represented and articulated, and that officers are best prepared when they respond to hate crimes and incidents.

“The training material was based on the Scottish Government’s explanatory notes which accompany the legislation. This included examples of a range of scenarios where offences might take place, but this does not mean officers have been told to target these situations or locations.

William Burdett-Coutts is artistic director of Assembly Festival, one of the biggest and longest-running Fringe operators.

“Police Scotland is a rights-based organisation and officers balance the protections people have under human rights legislation against other laws every day. Our training for the new Act therefore reminds officers of their human rights obligations and it reflects all aspects of the new legislation, including the protection it includes around freedom of expression.”