Minority report

18/11/2024

‘Freedom of speech is a human right and the foundation upon which democracy is built. Any restriction of freedom of speech is a restriction upon democracy.’ (Deeyah Khan)

Controversy over certain UK Police Forces’ over-zealous application of Non-Crime Hate Incident (NCHI) guidance, issued by a government quango rather than by a Parliamentary decision, has raged in mainstream and social media this past week. With echoes of the Tom Cruise movie Minority Report (2002), in which potential criminals are arrested in advance of their crimes being committed, some Forces are recording the actions of individuals that they believe lean towards criminality – without any actual crime having been committed by that individual.

Now I don’t know about you, but I don’t like the idea of having a police record for a crime that I haven’t committed; and I especially don’t like the idea that anyone has the right to allege a Non-Crime Hate Incident against me over something I have said or done without (a) that person having to demonstrate any objective evidence of it and (b) the Police having to disclose to me who it was or what it was. I can see why so many headlines over this regulation have included dystopian words like ‘Orwellian’. It sounds more like Nazi Germany or the Eastern (Communist) Bloc.

To be very clear, I don’t approve of expressing, inciting or acting out hatred against anyone. It’s completely against my personal values and ethics and it’s not the kind of society I want to live in. My Dad was in the police and I respect the police too. I don’t envy the tough job they have to do. The Conservatives, who naively oversaw the introduction of NCHI regulations, realised they had opened a Pandora’s Box and tried, too late, to get the lid back on. Rules intended to protect the oppressed from oppression had become oppressive. Labour has removed the lid altogether.

In the meantime, friends in the Philippines and elsewhere look on with astonishment – what has happened to the UK, the world-famous cradle and seat of democracy? What has become of that legendary land of free speech – the international beacon of light to those who live under brutal regimes, with their own voices silenced and no right to say a word? I struggle to know now what to say. Of course, as you read this, you have the right to disagree with me vehemently and absolutely. That has been the bedrock, beauty and benefit of living in a democracy…until now.

(See also: Free Speech and Why it Matters; Free Speech Union)

24 Comments

Pete Matheson

18/11/2024 11:10:58 pm

I understand the frustration and fear expressed in this blog, it’s hard not to feel unnerved by the idea of being marked for something that isn’t even a crime. The comparison to dystopian fiction is striking and perhaps intentionally dramatic, but it taps into a broader anxiety about creeping state overreach.

At the same time, I think it’s crucial to remember the original goal of NCHI: to protect vulnerable communities from targeted harassment. Somewhere along the way, the implementation strayed from that purpose. This isn't an argument against the concept entirely but a plea for recalibration. Transparency, due process, and open dialogue with communities are critical to ensuring the system is fair.

Nick Wright

19/11/2024 03:54:48 pm

Thanks Pete. Yes, it's good and important to find ways to protect the poor and vulnerable in any society. In my view, the way in which NCHIs are being applied is damaging to society and to democracy...and is creating a new category of 'vulnerable' - that is, those who are courageous enough to express their views.

Jay Galeano

18/11/2024 11:17:29 pm

Hey Nick. As someone watching this debate unfold from abroad, I’m struck by the tension between tradition and modern challenges in the UK. The blog captures a crisis of identity: Britain, famed for its free speech and democratic values, now facing accusations of authoritarianism. It’s ironic and tragic.

However, this isn’t just a UK issue. Around the globe, societies are wrestling with where to draw the line between safeguarding the vulnerable and preserving personal freedoms. The UK’s struggle is a mirror to the world, a case study in balancing justice and liberty. How this plays out might set the tone for others navigating the same turbulent waters. Keep writing!

19/11/2024 04:02:12 pm

Thanks Jay. I found it fascinating to read your reflections from outside of the UK. Yes, the UK - like some other democratic societies, is caught in an ideological struggle between 'freedom of speech' and 'freedom from harm'.

Extremes in both camps are creating an increasing sense of polarisation between their stances and priorities. I hold the view that freedom of speech is one of the best ways to safeguard the vulnerable in a society because it also creates opportunity for freedom to challenge in the public domain.

Laura W

18/11/2024 11:23:17 pm

Oh Nick, spare me the outrage!

You paint a melodramatic picture of "Orwellian" police oppression while conveniently glossing over the reason such measures were introduced: to counter hate before it festers into violence. Yes, the system isn't perfect, show me one that is!

Instead of handwringing about mythical slippery slopes to totalitarianism, let’s focus on improving the guidance, not scrapping it altogether. And please, enough with the "world-famous cradle of democracy" nostalgia.

Democracy evolves, and sometimes it means confronting uncomfortable realities, like the need to clamp down on hate, even if it makes a few people squirm.

18/11/2024 11:58:02 pm

Hi Laura. Thank you for exercising your democratic right to disapprove!

Ed Jarvis

18/11/2024 11:51:23 pm

Boris Johnson at the weekend: "Police the streets, not the tweets." Spot on.

18/11/2024 11:58:36 pm

Hi Ed. Yes, I saw that headline too.

Fiona Sewell

18/11/2024 11:53:37 pm

Hi Nick, Very thought provoking.

It’s deeply unsettling to see how far-reaching and intrusive these NCHI measures have become. While I agree with the need to combat hate speech and protect vulnerable communities, the idea of being penalized for actions or statements that haven’t broken the law is antithetical to democratic principles.

Speech should be free, but it must also come with the responsibility of addressing harm and ensuring safety. That said, mechanisms like NCHI need robust checks and balances to avoid misuse. A police record for a "non-crime"? That undermines the justice system's integrity.

This is not just a slippery slope; it’s a plunge into authoritarianism disguised as moral guardianship. Let’s not let our democratic legacy be tarnished by such misguided policies.

19/11/2024 04:08:24 pm

Thanks Fiona. Yes, freedom of speech in the UK is being eroded at an alarming rate - at the same time as UK politicians and media criticise autocratic and oppressive regimes elsewhere in the world. I believe we need open public debate about the appropriate boundaries of freedom of speech in order to ensure core democratic principles are upheld, at the same time as civic duty to protect the vulnerable and marginalised. That is very different to applying NCHIs to silence dissent.

Avin Rojhalat

18/11/2024 11:56:53 pm

Hello Nick. You are worried freedom of speech. I am worried hate speech against me. You are worried principle. I am worried feeling. I happy your government try protect asylum people. Please try understand. Thank you.

19/11/2024 04:23:56 pm

Hi Arvin and thank you for such a personal response. I had a similar conversation with a Kurdish refugee friend recently and I can well imagine that desire for protection as an asylum seeker.

In UK, we have fairly robust laws to protect people from hate speech. The NCHI regulations I'm referring to are in addition to those laws, aiming to pre-emptively prevent people from breaking actual hate speech laws by placing their details on police records - as if having committed a crime.

In my view, that is a step way too far and infringes on fundamental democratic civil liberties in the UK.

Graham Brooks

19/11/2024 12:04:16 am

Hi Nick. The intent behind NCHI seems noble, protecting individuals from hate. But I see how it’s gone awry, especially without transparency or accountability. The police must tread carefully; their role is to serve and protect, not to predict. Striking the balance between prevention and freedom is hard, but it’s essential for trust in our democratic institutions.

19/11/2024 04:34:20 pm

Hi Graham. Yes indeed. There are now fairly widespread suspicions of 2-tier policing in the UK and that isn't good for the Police or for a democratic society.

Sam Elwood

19/11/2024 06:27:57 am

Your paranoid, mate. 😉

19/11/2024 06:47:51 am

Hi Sam. You reminded me of the satirical proverb: ‘Just because you’re paranoid doesn’t mean they’re not out to get you!’ 😅

Carmelita

19/11/2024 06:44:27 am

I hope Uk is not experiencing recession in terms of Freedom of Speech. May your government uphold the ancient legacy of LIBERTY which brought people in PH to our streets to evict the dictator Marcos SR. "Edsa people Power'.

19/11/2024 04:28:59 pm

Hi Carmelita. Me too. The UK has inspired democracy all over the world until now. It's one of the reasons why some in the UK are fighting so hard to address the erosion of democracy here. Hard-won freedoms, once given away, are almost impossible to recover. Sadly, you saw and experienced the heavy human cost of that struggle in the Philippines when attempting to remove dictator Ferdinand Marcos from power.

Faye Francis

19/11/2024 09:01:56 am

Hi Nick. This is all new to me. What do you mean "without having to demonstrate any objective evidence". Do you have an example that could help me understand this? It all sounds really scary.

19/11/2024 09:54:33 am

Hi Faye. Yes, I find it scary too for the future of our democratic system and culture. Here's an illustration. If you were, for instance, to post something on your Facebook account along the lines of, "I believe a trans woman is a man who identifies as a woman" and I, for whatever reason, found that statement hurtful or harmful, and if I were to report you to the police on those grounds, you could get a knock on the door from the police and have your action of posting that statement recorded as a NCHI.

In that case, I would be regarded as a 'victim' and you, by implication, as a 'perpetrator'. I would not need to challenge or provide evidence to counter the truth or validity of your statement. I would simply need to report it as potentially or actually hurtful or harmful. If, then, you were to apply for a job that required a Disclosure and Barring Service (DBS), for instance in health or social care, as far as I understand it your NCHI would be disclosed to your potential employer and could, potentially, bar you from employment.

Geoff Pedrick

19/11/2024 11:02:44 am

It’s worse in Scotland Nick. That statement alone would be classed as a “hate crime”.

19/11/2024 04:32:03 pm

Hi Geoff. Yes, I guess that's why people like J.K. Rowling are fighting so hard on that front. I don't like the insensitive ways in which she sometimes expresses her views and opinions, but I do admire her firm stance in defence of freedom of speech.

Chan Mei Ling

19/11/2024 02:22:26 pm

Hello Nick. 45 pro-democracy activists sent to prison in Hong Kong today. We must never take free speech for granted. I hope UK will learn from Hong Kong experience. Freedom is precious gift and easily taken away.

19/11/2024 03:34:11 pm

Hi Mei Ling. Yes, I saw that announcement in the news headlines today. I find it absolutely appalling.

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