An important new piece of football related Scottish Government legislation came into effect from Thursday, the Offensive Behaviour and Threatening Commuinications Act (Scotland) Act 2012.

Yesterdays afternoon's match against Dundee was the first match at the Braidwood Motor Company Stadium since the Act became law.

A summary of the provisions of the Act has been provided below for supporters' information.

Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012

• The new laws will come into force on 1st March 2012

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

Offensive Behaviour at football

The offence will cover sectarian and other offensive chanting and threatening behaviour related to football which is likely to cause public disorder. It covers:

• 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.

Threatening Communications

The offence will strengthen current law covering threats of serious harm and criminalise threats which incite religious hatred. It 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”. This isintended to exclude artistic performance etc.
• Maximum penalty of 5 years in prison and an unlimited fine.
  
  
• The offence will NOT
  • Stop peaceful preaching or proselytising.
  • Restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs,even in harsh terms.
  • Criminalise jokes and satire about religion or non-religious belief.

The Act can be read on the Scottish Parliament website:

http://www.scottish.parliament.uk/parliamentarybusiness/Bills/29678.aspx