The UK has a system of overlapping laws that govern online speech, which has ensnared comedians.
The recent arrest of well-known comedian Graham Linehan over his posts about transgender issues has brought renewed focus on how hate crime is policed in the UK.
The country enforces a patchwork of laws that restrict speech considered offensive or threatening, particularly when directed at protected groups.
Here’s what to know.
What Laws?
In the UK, several different laws are used to control what people can say online.
Section 127 of the Communications Act 2003 makes it an offense to send a message via a public communications network that is “grossly offensive, indecent, obscene, or menacing,” and the Public Order Act 1986, which criminalizes speech or behavior that is threatening, abusive, or intended to “stir up hatred” against protected groups.
The Malicious Communications Act 1988 outlaws sending letters or messages with the intent to “cause distress or anxiety.”
What Counts as a ‘Hate Crime’?
In England, an offense called a “hate crime” is not explicitly mentioned in the law.
Instead, crimes are prosecuted under the above laws when they involve hostility towards “protected characteristics.”
The Equality Act 2010, introduced under the Labour government, was designed to protect people from discrimination.
It sets out nine protected characteristics: age, disability, gender reassignment, marriage or civil partnership (in employment only), pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
High-Profile Cases
Several high-profile cases show how these laws have been applied to online speech.
Paul Chambers was prosecuted in the so-called “Twitter Joke Trial” after posting a joke about blowing up an airport in 2010. His conviction was overturned in 2012 when judges ruled the message was not menacing.
In 2018, Scottish comedian Mark Meechan, known as “Count Dankula,” was convicted of a charge under the Communications Act for posting a joke video of his girlfriend’s pug performing a Nazi salute. His appeal was blocked by Scotland’s most senior judges in 2019.
Most recently, Graham Linehan, co-creator of TV series “Father Ted,” was arrested at Heathrow on Sept. 2 under the Public Order Act on suspicion of inciting violence in posts on X. His case is still ongoing.
By Owen Evans
