Liberty - Protecting civil liberties, promoting human rights

The right to free expression is, however, not absolute – it can be limited to protect the rights of others. Any limitations on the right must be necessary and proportionate, and criminalising even the most unpalatable, illiberal and offensive speech should be approached with grave caution in a democracy.

Criminalising the incitement of violence or threats can be seen to be a justifiable limit on freedom of expression. What is controversial is the criminalisation of language (or behaviour) which may be unpleasant, may cause offence but which is not inciting violence, criminality etc.

The following criminal offences raise particular concerns for freedom of expression:

• Sections 4A and 5 of the Public Order Act 1986 (POA) make it an offence for a person to use threatening, abusive or insulting words or behaviour that causes, or is likely to cause, another person harassment, alarm or distress. This can have serious implications on peaceful protestors and others exercising their freedom of expression, as someone who uses insulting language that might distress another were they to hear it could be guilty of an offence.
  

• In 2006 the Racial and Religious Hatred Act amended the POA to make it an offence punishable by up to seven years imprisonment, to use threatening words or behaviour intended to stir up religious hatred.
  

• In 2008 the Criminal Justice and Immigration Act amended the POA to add an offence of using threatening words or behaviour intended to stir up hatred on the grounds of sexual orientation.
  

• The Terrorism Act 2006 criminalises ‘encouragement of terrorism’ which includes making statements that glorify terrorist acts, punishable by up to seven years imprisonment. It is an offence even if the person or group making the statement doesn’t intend to encourage terrorism. As the definition of terrorism is so wide this could criminalise people speaking out against repressive regimes anywhere in the world.
  

We believe there needs to be a wholesale review of speech offences, particularly under the POA. These offences can be counter-productive (giving extreme groups publicity in the event of any trial), can have a chilling effect on legitimate debate and peaceful protest and have been extended in an ad hoc and piecemeal way. There have been very few prosecutions under these offences, and there is therefore an urgent need to review their efficacy and impact.