Report slams offensive behaviour legislation

Maureen McBride

Left-wing electoral alliance RISE has published a report highlighting concerns with the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012.

On 1st March 2016 over 50 academics, politicians and other public figures signed a letter calling for the repeal of the act.

The legislation attracted much controversy during the Scottish government’s initial attempt to pass an early version using emergency legislation procedures in 2011, and problems have continued since it eventually came into force in March 2012.

The report details some of the main concerns relating to the legislation, paying particular attention to “heavy-handed policing and increased surveillance in society in general”, and how this is “negatively affecting the lives of predominately young working class males on a regular basis.”

It finds that:

  • Through this legislation young people are being increasingly criminalised for actions such as swearing, singing songs and making political statements through banners and flags.
  • Its initial focus - to eradicate sectarian-related bigotry – was in the first place flawed as consistent academic research shows the framework of sectarianism is contested and misleading. As such many critics claim that certain behaviours are being unfairly deemed sectarian.
  • Since then the legislation has “snowballed”, with some cases based on extremely lowlevel behaviours such as using bad language – symbolising, for some, the “creeping authoritarianism” of Police Scotland.
  • Crucially this is not only affecting supporters of Celtic and Rangers – (predominately) young fans of various clubs have been victimised under OBA.
  • The report was authored by University of Glasgow PhD researcher Maureen McBride, who said: “I wrote this report because it became evident very early on in my research that the act had indeed ‘grown arms and legs’ and was being used in a worryingly broad manner.

    “I think that the supposedly high levels of ‘public support’ for the act are based firstly on flawed polls and secondly on a general lack of understanding of what the act actually is.

    “I hope this report goes some way to raising awareness about a piece of legislation that is effectively criminalising young working-class fans attending football matches.”

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