Explainer: Can I be arrested for something I post on social media or chant at a protest?

Disclaimer: This article is for general information. It is not intended to be used as legal advice.

The information below was correct as of 19 May 2026.

Introduction

This page explores the different laws governing free speech in England and Wales, including what we can post on social media, and what we say and hold up signs about at protests.

Various criminal offences have been used to arrest and prosecute individuals for the things they communicate on social media and in public gatherings across the political spectrum; from statements such as ‘globalise the intifada’ and ‘death to the IDF’, to the call for ‘mass deportation’.

The red line between what is ‘lawful’ and ‘unlawful’ speech depends on a range of contextual factors, and will therefore be different in each case.

Our right to freedom of expression

We all have the right to express ourselves freely and hold our own opinions, including political and religious beliefs. This right is protected under Article 10 of the Human Rights Act 1998 and is important in a democratic society.

Public authorities, including the Government, police, schools and courts must respect and not interfere with this right.  We are allowed to exercise this right at protests and through social media, TV and radio broadcasting, art and books.

The right to free expression would be meaningless if it only protected certain types of expression. Article 10 protects both popular and unpopular expression – even if our views could upset, shock or offend others.

Our right to freedom of expression is a qualified right – this means that it may be limited by public authorities in certain circumstances. Any limitation must:

• be covered by law (our speech is restricted through a large number of laws across different areas including libel, harassment, and hate speech)
• be necessary and proportionate
• be for one or more of the following aims:
  • national security, territorial integrity or public safety
  • preventing disorder or crime
  • protecting health
  • protecting other people’s reputation or rights
  • preventing the disclosure of information received in confidence
  • maintaining the authority and impartiality of the courts.

When courts consider what types of free speech should be limited and considered unlawful, they are required to consider the impact that any limitation would have on our right to free expression under Article 10.

Back to top

Relevant offences

Offences regulating our speech generally fall into four main categories: (1) communications offences, (2) certain public order offences (including hate speech offences), (3) terrorism offences and (4) encouraging the commission of a criminal offence.

Guidance from the Crown Prosecution Service and previous judgments in cases concerning these offences require a careful examination of context when deciding whether a speech or publication amounts to a criminal offence. Each incident must be taken on a case-by-case basis to assess whether the relevant legal thresholds for an offence are met. A blanket approach to these offences cannot be taken. Context factors can include:

• the content of the speech act or publication
• who it was directed to
• how many people it reached
• the timing of the speech/publication – was there a recent event that changes its meaning? The geopolitical background and broader cultural and social context is relevant here.

Public authorities, including the police, CPS and the courts are also required to carefully consider our human right to freedom of expression under Article 10, including for views which may criticise them, when making any decision to arrest, charge, convict or sentence someone.

1) Communications offences

These offences include both on- and offline communications, such as making a social media post (for instance posting on X or Instagram), sending a letter, an email and other online messages.

Sending letters or electronic communications with the intent to cause distress or anxiety

Section 1 of the Malicious Communications Act 1998 makes it a criminal offence to send a letter, electronic communication or article of any description, with the intent to cause distress or anxiety.

The communication must be indecent or grossly offensive, with the intent to cause distress or anxiety to a primary or other intended recipients.

Improper use of public electronic communications network

Section 127 of the Communications Act 2003 criminalises the improper use of public electronic communications networks. This includes internet and mobile phone networks, and social media platforms which operate through the internet, like Whatsapp.

There are two ways that an offence can be committed under Section 127:

1. Under Section 127(1), a person sends, or causes to be sent, via a public communications network, a communication that is either grossly offensive, or of an indecent, obscene, or menacing character.
2. Under Section 127(2), a person, for the purpose of causing annoyance, inconvenience or anxiety to another, they:

a) send, or cause to be sent, a communication that the offender knows to be false; or

b) persistently make use of a public electronic communications network.

False communications

Section 179 of the Online Safety Act 2023 creates the offence of sending false communications. This offence is committed if:

a) a person sends a message;

b) the message conveys information that the person knows to be false;

c) at the time of sending it, the person intended the message, or the information in it, to cause non-trivial psychological or physical harm to a likely audience; and

d) the person has no reasonable excuse for sending the message.

Threatening communications

Section 181 of the Online Safety Act 2023 makes it a criminal offence to send a communication which conveys the threat of death or serious harm with intent, or recklessness that a person or audience encountering the communication would fear the threat would be carried out by someone (either the sender of the communication or a third party).

The offence includes posting, sending, sharing or re-posting an online post.

Hate crime as an aggravating factor

The Crown Prosecution Service considers hate crime an aggravating factor (leading to a harsher sentence) under these communication offences. A charging decision is more likely where the offence was motivated by prejudice based on actual or presumed protected characteristics under the Equality Act 2010, as part of an assessment of the circumstances of and harm caused to the victim.

Back to top

2) Public order offences

According to CPS guidance, “In deciding upon the public interest of charging these [public order] offences it is essential that prosecutors keep in mind that in a free, democratic, and tolerant society people are able to robustly exchange views, even when these may cause offence. However, the rights of the individual to freedom of expression must be balanced against the duty of the state to act proportionately in the interests of public safety, to prevent disorder and crime, and to protect the rights of others.”

In addition to the context factors listed above, the CPS produced additional guidance on 14 May 2026, listing the following relevant factors in public order offences around the use of chants, banners, signs, slogans and symbols at protests:

• the timing, nature and purpose of the protest
• whether a person understood the meaning of the chant they were using
• whether a person already held hateful views on race, religion or sexual orientation
• the role of the person in the protest – for example, whether they were leading a particular chant.

Fear or provocation of violence

Section 4 of the Public Order Act 1986 criminalises the use of threatening, abusive, or insulting words, behaviour, writing, signs or visual representations towards another person, where there is intent to or where it is likely to cause fear of immediate violence or to provoke immediate violence. The offence requires intent or awareness of the threat, abuse, or insult.

This offence can be racially or religiously aggravated (leading to a harsher sentence) under Section 31 of the Crime and Disorder Act 1998.

Harassment, alarm or distress

Section 4A of the Public Order Act 1986 criminalises the use of threatening, abusive, or insulting words, behaviour, writing, signs or visual representations (or disorderly behaviour) with intent to cause a person harassment, alarm or distress, and with an effect of causing someone harassment, alarm or distress.

Section 5 is similar to the above offence under Section 4(a); however, it only requires that there is knowledge that the disorderly behaviour is in view or earshot of someone likely to be caused harassment, alarm or distress – this is a lower legal threshold than the Section 4A offence, and therefore carries a lesser punishment (only a fine).

The offences under Section 4A and Section 5 can be racially or religiously aggravated under Section 31 of the Crime and Disorder Act 1998 (leading to a harsher sentence).

Stirring up (racial): Use of words or behaviour or display of written material

Section 18 of the Public Order Act 1986 criminalises the use of threatening, abusive, insulting words or behaviour or displaying material with intent to or that is likely to stir up racial hatred.

Stirring up (racial): Publishing or distributing written material

Section 19 of the Public Order Act 1986 criminalises the publication or distribution of material that is threatening, abusive, insulting with intent to or that is likely to stir up racial hatred.

Stirring up (religious and sexual orientation): Use of words or behaviour or display of written material

Section 29B of the Public Order Act 1986 criminalises the use of threatening or abusive, words or behaviour or displaying material with intent to stir up religious hatred or hatred on the grounds of sexual orientation. Section 29B does not cover transphobia.

Section 29J and Section 29JA includes explicit protection for speech that is critical of religion or sexual conduct, respectively.

Stirring up (religious and sexual orientation): Publishing or distributing written material

Section 29C of the Public Order Act 1986 criminalises the publication or distribution of written material that is threatening with intent to stir up religious hatred or hatred on the grounds of sexual orientation. Section 29C does not cover transphobia.

Section 29J and Section 29JA includes explicit protection for speech that is critical of religion or sexual conduct, respectively.

Back to top

3) Terrorism offences

The final category of offences which criminalise certain speech fall under counter-terrorism legislation.

Encouragement of terrorism

Section 1 of the Terrorism Act 2006 makes it a criminal offence to publish a statement, for instance a social media post, which glorifies, encourages, or provides information on how to commit, prepare or instigate terrorist acts. This includes indirect encouragement.

Dissemination of terrorist publications

Under Section 2 of the Terrorism Act 2006, it is a criminal offence to distribute, circulate, sell or lend material that encourages or provides assistance in committing terrorism.

Displaying/wearing articles in support of a proscribed organisation

Section 13 of the Terrorism Act 2000 makes it a criminal offence to wear clothing items or wear, carry or display articles which give reasonable suspicion of supporting a proscribed organisation in a public place. This includes holding up a placard or a flag at a protest, or wearing a t-shirt in public with the logo or a statement in support of a proscribed organisation on it.

It is also a criminal offence under Section 13(1A) to publish an image of such an item of clothing or article.

Support for a proscribed organisation

There is a more serious offence under Section 12 of the Terrorism Act 2000, which makes it a criminal offence to invite support for, or express support for, a proscribed organisation. Convictions under Section 12 carry a maximum penalty of 14 years’ imprisonment and/or an unlimited fine.

Back to top

4) Encouraging a criminal offence

The final category of offence relevant to the restriction of free speech on social media and/or at protests is under Sections 44 – 46 of the Serious Crime Act 2007. It is a criminal offence to intentionally encourage or assist the commission of a criminal offence, even if that crime is never committed. The person must have intended to encourage or assist the criminal offence, or believed that the offence would be committed.

Back to top

What should I do if I’m arrested?

If you have been arrested for something that you’ve said on social media, or held a sign or chanted about at a protest, you should seek legal advice as soon as possible.

Each case is unique and a defence and your options should be fully explored with expert legal advice.

Before arresting you, the police should explain that you’re being arrested and why. If you’re arrested, say ‘no comment’ to all questions and do not accept a caution until you have received legal advice. You have the right to:

• tell someone about your arrest (for example, a friend or family member)
• an interpreter if English isn’t your first language
• an appropriate adult if you’re under 18 or a vulnerable person.

You are not legally required to share your nationality or immigration status when arrested, although the police may check this if they suspect you are not a British citizen.

Back to top

Can the police seize and access my phone?

The police have powers under the Police and Criminal Evidence Act 1984 to seize and hold on to items that they believe are relevant to their investigation. This can include your mobile phone.

The police must provide you with a written receipt for any property they have seized, and why they seized it. Your property must be returned to you when the police no longer need it.

Generally, you are not required to provide the police with the passcode to your phone. The police may try to use your face ID or fingerprint to access this; however, you can refuse to do this.

The police can apply to a court to issue a Section 49 notice under the Regulation of Investigatory Powers Act 2000, which would legally require you to provide the passcode to your phone.

However, these days, the police have the technology to extract data from your phone without needing a passcode to access it. They have powers to do this under the Regulation of Investigatory Powers Act 2000 if they think that it would assist their investigation.

Back to top

Can the police access my social media accounts?

If the police suspect that you have committed a crime, they might try to obtain data from your social media accounts, including your private data. The police can directly access this information if they have seized your phone.

They also have access to anything that is posted publicly. The police can also request your data from social media companies.

Back to top

Closing

Free speech is a hugely complex topic. Someone can be convicted of a criminal offence for saying the same thing as someone else who was acquitted or never arrested in the first place. This is because part of what separates lawful from unlawful speech is context. For example, chanting ‘globalise the intifada’ at a protest in central London has a different meaning and impact than chanting it to people entering and leaving a synagogue. Without this careful attention to context, we would risk banning entire phrases or particular words, which is highly restrictive. On the other hand, some criminal offences need to be updated so that they don’t criminalise speech that’s merely insulting or offensive. We’re working to make sure that the way our laws govern speech are balanced, consistent and grounded in established human rights frameworks.

Back to top