The article is out by a factor of 10, from the data I can find its 900 arrests in 2 years.
The problem is that this act is also the way to prosecute death threats.
In the UK its generally frowned on to send threats of violence. Given that we also have a much lower homicide rate, I'd say thats a fair exchange. even if the act causes aberrations.
The article would be more convincing if it talked about the pub order act 2023, which allows the police to do this: https://www.bbc.com/news/articles/cj3x5j6g30ro
But as thats protest law, it appears that it doesn't count as free speech.
Now the bits that are concerning are that the courts system is so underfunded that there is no legal support for defendants. Proper representation would help eliminate a large number of the stupid and frivolous cases. This is why legal aid needs to be for everyone. ITs not down to funding to determine guilt, its the courts.
The point about magistrates being untrained is bollocks. They are "lay" for a reason. Thats the bedrock of common law.
I used to think I lived in a democracy, but the last couple of years pulled back the curtain revealing the true nature of western democracy
Britain has a problem.
But so does America. Quite a few people (non citizens so far), have been arrested for criticising the actions of the current Israeli government.
Pretty sure the police aren't enacting the laws they are obligated to enforce, the government is the ones doing that.
> The couple’s alleged crime? Disparaging emails and WhatsApp messages about their daughter’s primary school.
Well, what is the content of those e-mails?
Dear The Economist, your story is not worth the paper it isn't printed on without the goddamned specifics.
The content of those communications could well be reasonably actionable by police. Of course, those who were paid a visit by police will claim that they made nothing but some disparaging remarks.
It is an extraordinary claim that a school called the police over mere disparaging remarks, and that the police subsequently arrested someone on specific charges. Extraordinary claims require backing evidence.
A BBC story says that: "Maxie Allen and his partner Rosalind Levine, from Borehamwood, told The Times they were held for 11 hours on suspicion of harassment, malicious communications, and causing a nuisance on school property." It's possible that the school simply distorted the facts to bring about an arrest, dragging the police into it.
That same county's own PCC (Police and Crime Commissioner) made these decent statements:
"There has clearly been a fundamental breakdown in relationships between a school and parents that shouldn't have become a police matter."
and
"While people should be courteous and go through the proper channels when raising concerns about a public service, the public should be able to express their views without worrying they'll get a knock at the door from the police."
So The Economist simply made up this stuff about someone arrested over "disparaging remarks". There were allegations of harrassment and causing a nuisance. Maybe the police went a bit overboard, but they can't just ignore such allegations either. That's why the prank known as swatting works.
> Another man criticised pro-Palestine protesters, tweeting: “One step away from storming Heathrow looking for Jewish arrivals.
That sounds like a legitimate target for investigation by police; it can be reasonably interpreted as a threat to carry out some action. If that individual did storm Heathrow and cause a violent incident, and it came to light that the police had known about his plan from an online posting, they would face heat.
Nothing here but rage clickbait.
> The public might well question why so much time is spent on this, while burglaries routinely go unsolved.
I'd offer yet another explanation: laziness.
For burglaries, you have to get out of your chair, go out into the community, interview witnesses, search for evidence, and maybe wander into dangerous areas to find and arrest potentially violent suspects.
For internet thought crimes, you can sit in the comfort of your own chair, getting paid to surf the internet, and declare enough posts "offensive" to look productive. When you do show up to arrest someone, they're highly unlikely to be violent. It's a lot easier and safer than investigating burglaries.
Whatsapp messages?
It's pretty crucial to find out how these ended up with the police.
Did these people send Whatsapp messages to someone who didn't like the messages and this person then went to the police? In that case, it's back to the article and lack of definition within these laws.
If, however, the police got the whatsapp messages via some kind of mass-surveillance programme, then we have a big problem...
If only Orwell was still alive to see this.
The comparison is made with America's First Amendment, which is a valuable piece of legislation.
How does the law in the US treat incitement to violence, as shown by some of the cases described, e.g. Among them were people who said things like “blow the mosque up” and “set fire to all the fucking hotels full of the bastards”. That probably would have been legal in America, says Gavin Phillipson of Bristol University, since it falls short of presenting a clear and imminent danger.
What would constitute "clear and imminent danger" in a online posting?
i suppose that the nasty surprise for Lucy Connelly was to post something (totally disgraceful) to a public forum that she would perhaps say to a small circle of friends and then find that it is considered to have a substantive influence on real rioters actually ready to set light to hotels with real people in them … even now I post stuff by way of semi private thoughts here and I do not fully appreciate the extent to and rapidity with which they will be shared … this is not to condone Lucy, but to wonder if she really did mean those vile things in practice or whether it was a very misguided emotional vent … should there be another level of proof of intent required in relation to social media … for sure her sentence is justified if she said those same words through a megaphone in front of the rioters ready to storm the hotel gates
i honestly don’t know - making people think twice about what they post is a social good and maybe we should keep the law simple and let the courts drive through this new harsh application
Policing social media and citizens that are not a threat is easy. Policing actual crimes like sexual abuse rings, violent crime, vandalism, corporate crime, transit crime, gang ilegal proceedings, etc is harder so it generally won't happen.
The government will always be more interested in suppression of media and speech because that allows them to protect themselves.
I feel like this article makes a very poor argument for what should be an easy win.
I think the uk needs much more freedom of speech, both at a legal level and culturally (I am a Brit)
But the articles arguments are weak:
Someone calling for violent disorder during a riot probably should face prosecution. The fact the US constitution might protect such speech is irrelevant.
Similarly you can make a good argument that incitement of racial (religious etc) hatred should not be protected either. If you want to critique Islam or Israel go for it. But calling all Muslims or Jews or all women or gays or whatever other group names is likely to cause arguments and disturb the peace.
The article also focuses way too much on the USAs approach. This seems to me to have failed: on one hand the us is knee deep in conspiracy theories and far right rhetoric, and on the other people self censor endlessly (or face the consequences on an arbitrary and capricious basis).
If you’re going to argue for free speech, do it based on the inherent dangers of letting any one group decide what is banned, do it on the necessity of having clear quick communication of social changes and do it on the basis of the fastest correction of error. Not “because someone wrote down congress shall pass no law” and then a long list of judge’s arbitrarily decided what that did or didn’t protect over the next 200 years.
On the plus side, the UK must be doing pretty well economically if they can afford to waste police and prosecutorial resources on people saying mean things on the internet.
The thing that boggles my mind most is the UK libel laws where stating a true, verifiable fact can be illegal if it makes the subject look bad. Someone tell me I’ve got that wrong.
Complaining about restricting speech in a paywalled article is beautiful irony.
It's strange that all four examples in the article are people with commonly objectionable right-wing views when the UK has sent arresting officers to people on the basis of online comments across the political spectrum in the last couple years. It isn't merely a partisan issue where a group that are easily written off as racists receive heavy-handed justice, the police have intermittently targeted every view away from the center in their homes, even Quakers, disability advocates and anti-hunting activists.
Does the editorial team of the Economist want to imply that only right-leaning members of the British public are experiencing this?
https://archive.ph/2025.05.21-164547/https://www.economist.c...