FAQS: Free speech

Introduction

Freedom of expression is a fundamental right protected by law in the UK. It plays a vital role in a healthy democracy by allowing people to share opinions, challenge those in power and participate in public debate.

However, like many rights, freedom of expression is not unlimited. It must be balanced alongside the rights of others to live safely and peacefully, free from fear, violence and discrimination.

This FAQ explains what free speech protections exist, where legal limits apply, and what this means for social media, protests and public expression.

CAN YOU REALLY SAY WHATEVER YOU WANT IN THE UK?

No. We do not have an absolute right to free speech in the UK and cannot say whatever we want without consequence.

Speech, including on social media and at protests, is subject to a range of legal rules. These include defamation law, communications offences, public order offences, including some forms of hate speech, and terrorism legislation.

Freedom of expression is a fundamental right, but it must be balanced with the rights of others to live safely and free from violence, intimidation and harassment.

The challenge is ensuring that any restrictions on speech are lawful, necessary and proportionate, protecting everyone’s right to express themselves freely alongside everyone’s right to live free from fear and harm.

IS THERE A FREE SPEECH CRISIS IN THE UK?

Claims that free speech is under threat have become a feature of political debate in the UK. Concerns are often raised about people being investigated for social media posts, restrictions on protest and individuals facing personal or professional consequences for expressing controversial views.

At the same time, freedom of expression remains strongly protected by Article 10 of the European Convention on Human Rights, which was incorporated into UK law through the Human Rights Act 1998. Freedom of expression is a fundamental right that benefits us all and is essential to a healthy democracy.

There are legitimate concerns about restrictions on protest and the inconsistent application of laws affecting free speech. These concerns should be taken seriously. However, the UK’s legal framework continues to provide robust protections for freedom of expression while recognising that speech rights must sometimes be balanced against the rights of others.

Freedom of expression is a fundamental right, but like all rights it may be subject to limited restrictions where these are lawful, necessary and proportionate. The key question is whether the state is striking the right balance between protecting people’s ability to express themselves freely and protecting people from harm.

Broad claims that the UK is experiencing a “free speech crisis” can be used to justify weakening human rights protections or removing legal safeguards that protect people from harassment, intimidation, incitement to hatred and violence. Rather than framing free speech and human rights as competing interests, Liberty believes they are mutually reinforcing. Human rights protections help ensure that everyone can participate in public life, express their views and challenge those in power.

For Liberty, the focus should be on ensuring that existing laws are applied consistently, fairly and in accordance with human rights principles, while defending freedom of expression as a fundamental democratic right.

DO HUMAN RIGHTS LAWS PROTECT OFFENSIVE OPINIONS?

Yes.

We all have the right to express ourselves freely. This right is protected by Article 10 of the European Convention on Human Rights, incorporated into UK law through the Human Rights Act 1998.

Article 10 protects both popular and unpopular expression, including speech that may upset, shock, disturb or offend others. Freedom of expression would have little value if it only protected opinions that everyone agreed with.

However, freedom of expression is not an absolute right. Public authorities may restrict speech where doing so is prescribed by law, pursues a legitimate aim and is necessary and proportionate in a democratic society.

Legitimate aims include protecting public safety and the rights and freedoms of others, including protecting people from harassment, intimidation and violence. The challenge is ensuring that any restriction on speech is carefully justified and does not go further than necessary.

CAN YOU BE ARRESTED FOR WHAT YOU POST ONLINE?

People are generally free to express their opinions online, including controversial, unpopular or offensive views. However, where speech appears to cross legal thresholds under communications, public order or terrorism legislation, it may become the subject of police investigation and, in some cases, arrest or prosecution.

More information about these offences can be found on our webpage here. Whether speech crosses a legal threshold depends on context and must be assessed on a case-by-case basis.

The same words may carry different meanings, create different risks and have different legal implications depending on factors such as:

• the content of the post;
• who it was directed at;
• how widely it was shared;
• the surrounding circumstances, including relevant political, social or geopolitical events;
• the intent of the speaker and the likely impact of the communication.

Crown Prosecution Service guidance states that incidents involving speech should be assessed individually to determine whether the relevant legal thresholds have been met.

Public authorities, including the police, the Crown Prosecution Service and the courts, must carefully consider the right to freedom of expression under Article 10 when making decisions about investigating, arresting, charging, convicting or sentencing individuals.

DOES FREEDOM OF EXPRESSION PROTECT MY RIGHT TO PROTEST?

Yes.

Protest often involves the exercise of both freedom of expression (Article 10) and freedom of assembly and association (Article 11) under the European Convention on Human Rights. These rights work together to protect people’s ability to express political views collectively in public.

Protest is one of the most important ways people express political opinions, challenge those in power and stand in solidarity with others. It plays a vital role in a healthy democracy and has been central to many of the freedoms we enjoy today.

Politicians have called for bans on certain phrases at protests. Liberty thinks the bar for restricting free speech should be high and context is key. Protest is often provocative, challenging and uncomfortable, but that is precisely why it is a protected democratic right. Decisions about whether speech should be restricted should take account of the circumstances in which it is used, rather than imposing blanket bans on particular words or slogans.

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