(ARTICLE 19/IFEX) – The following is a 5 December 2005 ARTICLE 19 press release: On 5 December, the UK House of Lords will begin its detailed examination of the UK Terrorism Bill, which proposes a new offence of “encouragement of terrorism”. ARTICLE 19 does not believe that this new offence is compatible with the right […]
(ARTICLE 19/IFEX) – The following is a 5 December 2005 ARTICLE 19 press release:
On 5 December, the UK House of Lords will begin its detailed examination of the UK Terrorism Bill, which proposes a new offence of “encouragement of terrorism”. ARTICLE 19 does not believe that this new offence is compatible with the right to freedom of expression. We also do not believe they will help make the UK a safer place. On the contrary, by criminalising forms of expression that are considered “extreme” or otherwise offensive, there is a great risk that persons holding these “extreme” views are driven underground and may actually be strengthened in their opinions. We therefore urge Peers to introduce amendments to tighten up the new offence and bring it in line with international standards on restrictions on freedom of expression.
Freedom of expression protects not only views that are favourably received, but precisely those that are controversial, shocking or offensive. As the European Court of Human Rights has often emphasised, it is exactly these views that require protection. While the UK Government may legitimately restrict incitement to violence and terrorism – it is under a positive obligation to protect its citizens’ right to life – its actions are circumscribed by the requirement to also protect every person’s right to freedom of expression. This requires that the Government’s actions must be clearly stated in law and be “necessary in a democratic society”.
ARTICLE 19 does not believe that the proposal to prohibit “encouragement of terrorism” satisfies either of these tests. The glorification of terrorism or any form of violence cannot be prohibited unless that glorification is clearly intended to directly incite such conduct. In addition, the law prohibiting such incitement must be sufficiently precisely worded so that individuals can foresee what kinds of statements are likely to attract sanction.
The full statement can be accessed via http://www.article19.org
