We have written to members of the Justice Committee today, to highlight two pieces published this week which are relevant to their consideration of the Hate Crime and Public Order Bill.
First is a report yesterday that an investigation into Lidia Falcon, a distinguished Spanish feminist, has been dropped, but only after she was interviewed by prosecututors. She had been reported for transphobic hate crime (our rough translation here). actuall.com/familia/la-fis… 
More background on the case here. womansplaceuk.org/2020/12/13/lid…
Both pieces illustrate that whatever technical legal threshold is set for offences of stirring up hatred, on issues related to sex and gender identity that may be a weak barrier to individuals becoming caught up unreasonably in the criminal justice system.
We remain deeply concerned that the consideration of the protection of freedom of expression here risks being over-reliant on the technical bar in law being regarded as high.
We continue to believe that, even if successful prosecutions turn out to be rare, the Committee cannot be confident that complaints will not lead to individuals being caught up in the criminal justice system, for doing things the Parliament never intended to criminalise.
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