A CONTROVERSIAL Netflix series and podcast has been panned after a comedian shared “misinformation” about a piece of Scottish legislation.
Francis Foster – who is a co-host on UK right-wing podcast TRIGGERnometry – made a series of claims about Scotland’s hate crime legislation on the Kill Tony show, including that comedians can “get put in jail for up to five years” for making a joke.
Scottish Greens MSP Maggie Chapman hit out at the “misinformation”, adding that it was “outright nonsense”.
Kill Tony is one of the most popular podcasts in the world – ranking 19th on Spotify in November 2024.
It is hosted by Tony Hinchcliffe, a comedian who made headlines last year after appearing at a Donald Trump campaign rally and labelling Puerto Rico a “floating island of garbage”, leading to outrage.
Making its Netflix debut, Kill Tony welcomed Foster for a one-minute stand up routine. He then turned towards a panel, which included Hinchcliffe and fellow famous right-wing podcaster Joe Rogan, who has previously been critical of Scotland's hate crime law.
He added: “I'm gonna be honest with you, because sometimes when you do jokes in the UK you're gonna like, are you gonna laugh or are you gonna lynch me? One of the two.”
“Yeah, they are a little weird over there,” Hinchliffe responded – mentioning how the Kill Tony podcast will be performing in the O2 in London in June.
“I’ll visit you in prison, Tony,” Foster said – to which Hinchliffe asked: “Do you think we could get in trouble over there? What could they possibly do to us? Do they arrest Americans for doing comedy shows?”
Foster said he had nothing to worry about but then added: “It’s in Scotland. In Scotland, you can get arrested.
“So, they brought in a hate speech law which means that if you make a joke which is deemed to be offensive to a reasonable person, you can get put in jail for up to five years.”
Hinchcliffe responded: “Wow. Has that happened to a comedian?"
Foster then said: “No, not yet, but you could be the first.”
The legislation introduces new offences of stirring up hatred against people based on their religion, transgender identity, and age.
Experts say the threshold for prosecution is high – something Justice Secretary Angela Constance reiterated at Holyrood – and that it is unlikely many people will be prosecuted under the legislation.
The Hate Crime and Public Order (Scotland) Act was passed by MSPs in 2021 and consolidated existing hate crime legislation by introducing new offences of stirring up hatred against people based on their religion, transgender identity, and age.
"There are few pieces of legislation that have been the subject of as much misinformation and outright nonsense as the Hate Crimes Act,” Chapman told The National.
"It was never anything to do with stand up comedy and of course nobody has been locked up for five years for telling a joke and nor will they ever be.”
She added: "It is and always has been a simple and important piece of legislation that gives extra protections to people - often from marginalised communities - who are on the receiving end of harassment, abuse and hate.
"We are one year on from the implementation of the Act and none of the doom-mongering that was so prevalent at the time has come to pass.
“Almost every single piece of anti-discrimination legislation has been met with hyperbole from right-wing talking heads telling us that free speech is on the line while gleefully ignoring the division they have been instrumental in stoking."
