Article by Akiko Hart republished from OpenDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.

As free speech becomes a culture war battleground, Labour must defend principles, not pick sides

Editor’s note: The following piece was commissioned in the wake of last month’s local election results, before the conviction of the young man who killed student Henry Nowak. The subsequent protests over Nowak’s death, sparked by accusations of “two-tier policing”, have made more urgent the issues of government responsibility and free speech that are explored in this article by Liberty.

As the Labour Party sought to gather its resolve after bruising local election results in May, prime minister Keir Starmer wrote of a need to take a “unifying rather than dividing” approach. Now, his government must move quickly to keep that promise – particularly in the wake of recent events.

We have seen deep fault lines emerge across a range of issues. How people express their views – whether on social media, at protests or in everyday interactions – and how these views are heard or censored has become the new battleground of the culture wars.

Free speech is in the news every day, from the recent travel bans to the chants at protests.

Depending on who you speak to, you might hear that you “can’t say anything anymore”, or that protest has been restricted through successive pieces of legislation, or that counter-terror powers were used to proscribe Palestine Action. 

Some have rallied to the cause of people arrested for communication offences on social media. Others have defended speakers who have been denied entry into the UK. Accusations abound of silencing and two-tier policing, like those made by senior politicians this week.

Throughout, three things are clear. 

The first is that most people and organisations are selective about defending speech, only doing so when the speech or the speaker in question aligns with their political views and affiliations. This typically plays out very publicly, meaning they open themselves up to the charge of hypocrisy. 

This weakens our tolerance of speech that we find challenging or offensive, because not enough people are defending the principle of free speech itself. The net result is that it becomes easier to argue that there is a fundamental problem with free speech in the UK.

Secondly, the laws governing free speech in the UK are very poorly understood. 

Free speech is not unfettered – it is a qualified right that needs to be balanced alongside others. 

Our freedom of expression is protected under Article 10 of the European Convention on Human Rights, even if our views are deeply unpopular or could upset or offend others. It’s not a privilege, it’s a right – one that is critical to our democracy, and needs to be as wide as possible. But it is not an absolute right; dozens of criminal offences separate lawful from unlawful speech in the UK. 

One of the tests to determine whether or not speech is unlawful is context. That’s why a cursory analysis of one recent high-profile legal case may come across as unfair when compared to another – because with speech, context is everything. But again, if this is not well understood, then the charge that there is a problem with free speech in the UK is able to gain traction. 

Thirdly, the government’s response has been unhelpful at best, paving the way for more troubles. 

The suite of cluttered and restrictive protest laws and the expansion of counter-terror powers have changed the legislative landscape. Freedom of expression, as articulated through protests, has been curtailed. But the government has also found itself trying to get ahead of politically unhelpful headlines through inconsistent policy positions, instead of standing up for the principle of free speech.

The government has a critical role to play in safeguarding freedom of expression. Its duty is to protect our right to express differences of opinion and share them with others without state intervention, while balancing that with our collective right to live free from fear and violence. 

In the UK, we have an imperfect but relatively coherent legislative framework around free speech, which reflects the political settlement of a plural, liberal democracy. 

Some of it does need to change. Our protest laws need an immediate overhaul, public interest speech must be protected through the repeal of SLAPPs (Strategic Lawsuits Against Public Participation), and the application of our free speech laws must be adapted to a digital age. But broadly speaking, we don’t need ‘new’ free speech laws. We need existing ones to be applied consistently, and the government to take a lead on finding a better balance between navigating public order concerns and upholding freedom of expression.  

Why does this matter? In the run-up to the 2029 general election, we can expect to hear that the UK is in a ‘free speech crisis’. This narrative has long been peddled by those who want to lay the groundwork for repealing human rights laws and removing legal restrictions in a way that would effectively decriminalise hate speech. 

Setting out a clear and robust defence of free speech – backed up by a clear and consistent approach – is an imperative for the government if it wants to hold the political terrain.

In the coming months, this Labour government has to show urgent leadership on this issue by taking a non-partisan approach to freedom of expression. If it continues down the path of heavier policing and greater restrictions on lawful speech, it will not unite our divided country, but may create a more fragmented, alienated and polarised society – setting a dangerous political precedent for future governments that may want to go much further.

Article by Akiko Hart republished from OpenDemocracy under a Creative Commons Attribution-NonCommercial 4.0 International licence.