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The right to freedom of expression is crucial in a democracy. Article 10 of the Human Rights Act safeguards the right to free expression, which includes the freedom to hold opinions and to receive and impart information and ideas without State interference.
The right to free expression is, however, not absolute – it can be limited to protect the rights of others. Any limitations on the right must be necessary and proportionate, and criminalising even the most unpalatable, illiberal and offensive speech should be approached with grave caution in a democracy.
The following criminal offences raise particular concerns for freedom of expression: Section 4 of the Public Order Act 1986 (POA) make it an offence for a person to use threatening, abusive or insulting words or behaviour that causes, or is likely to cause, another person harassment, alarm or distress.
Section 127 of the Communications Act 2003 makes it an offence to send a message by means of a public electronic communications network which is grossly offensive, or of an indecent, obscene or menacing character. This offence is incredibly broad and has been used to address jovial, albeit misjudged communications. In 2008 the Criminal Justice and Immigration Act amended the POA to add an offence of using threatening words or behaviour intended to stir up hatred on the grounds of sexual orientation. The Terrorism Act 2006 criminalises ‘encouragement of terrorism’ which includes making statements that glorify terrorist acts, punishable by up to seven years imprisonment. It is an offence even if the person or group making the statement doesn’t intend to encourage terrorism. As the definition of terrorism is so wide this could criminalise people speaking out against repressive regimes anywhere in the world.
Athbhreithniu has taken/ adopted parts of its user policy from the following excellent website .
https://www.libertyhumanrights.org.uk/human-rights/free-speech-and-protest/speech-offences