Ahead of the UK's general election on 4 July, ARTICLE 19 outlines key policy areas for the incoming government to set free expression priorities.
This statement was originally published on article19.org on 24 June 2024.
Ahead of the upcoming general election in the United Kingdom on 4 July, ARTICLE 19 outlines key policy areas for the incoming government to set free expression priorities.
As shown in our 2024 Global Expression Report, in the past 10 years, the UK has declined on a range of key indicators used to measure free expression, including freedom of peaceful assembly and freedom from government censorship efforts.
The new government will have to take concrete steps to ensure everyone living in the UK can fully exercise their rights to freedom of expression and information, and demonstrate its commitment to upholding freedom of expression as a cornerstone of democracy and human rights.
1. Protect the right to protest in law and practice
Over the past ten years, the UK government has passed draconian legislation to crack down on protest – especially in the wake of climate demonstrations and protests expressing solidarity with Palestine and calling for a ceasefire in Gaza.
Most recently, in April 2024, the Serious Disruption Prevention Orders came into force, empowering law enforcement to intervene before a protest takes place to prevent individuals ‘from being in a particular place or area’ and ‘being with protest groups at given times’, in clear violation of the right to association. This builds on the 2023 Public Order Act, which introduces new protest offences including locking on and causing ‘serious disruption’.
Earlier this year, the government also proposed new restrictions on the right to protest in the Criminal Justice Bill aimed at preventing protesters from using face masks to conceal their identity and maintain their privacy. Due to the upcoming general election and thanks to advocacy of civil society organisations, the Bill will not be passed by the Parliament in the current form.
These additions to the UK’s existing patchwork of protest regulation come alongside the abuse of hate speech legislation to prosecute protesters and the statements of government officials that vilify or stigmatise protesters for expressing political opinions that are inconvenient to those in power.
The new government must reverse these and other anti-protest measures, stop the crackdown on protest and ensure that laws, regulations and enforcement fully respect, protect and fulfil the right to protest.
2. Defend privacy as a pre-requisite to the meaningful exercise of freedom of expression
ARTICLE 19 has repeatedly called for a radical overhaul of the 2023 Online Safety Act due to problematic provisions endangering freedom of expression and privacy.
In particular, the Online Safety Act has the potential to make the UK the first liberal democracy to require the routine scanning of people’s private chat messages. To enable social media and search services to comply with duties to remove illegal content, the Act empowers communications regulator Ofcom to order companies to scan encrypted messages and data using ‘accredited technology’, undermining privacy and end-to-end encryption – the foundation of secure and free communication online.
The UK government’s assertions – that client-scanning would not compromise privacy and scanning would be the to prevent the circulation of child sexual abuse material (CSAM) – ignore reality. It is technologically impossible to scan messages while preserving encryption and privacy online. Creating a ‘back door’ for encryption creates vulnerabilities enabling the government and potential bad actors to engage in communications surveillance.
ARTICLE 19 is also deeply concerned about the passage of the Investigatory Powers (Amendment) Act 2024, which strengthens a 2016 law originally introduced in the wake of whistleblower Edward Snowden’s revelations of mass state surveillance. The 2016 law formalised UK intelligence agencies’ power to use audio and video surveillance and intercept emails, texts, web history and more. The 2024 Amendment widens the scope of these already deeply intrusive powers.
The increasing and largely unregulated use of biometric technologies has also broadened the capabilities of law enforcement to collect and store CCTV footage of people in the UK.
ARTICLE 19 warns that safety, online and offline, will never be achieved by undermining encryption, collecting communications records, or mass surveillance. The incoming government must amend clauses 121 and 122 of the Online Safety Act to clarify that the Act will not be used to undermine end-to-end encryption and roll back the repressive surveillance mechanisms enabled by the Investigatory Powers (Amendment) Act 2024.
3. Safeguard media freedom and safety and protection of journalists
The new government must take concrete steps to improve protection of journalists and promote media freedom and ethics in the country.
The UK has long been recognised as a destination for those using strategic lawsuits against public participation (SLAPPs) to stifle criticism by saddling journalists and other critics with expensive and time-consuming defamation proceedings.
As the proposed SLAPPs bill failed to make it through Parliament before dissolution, ARTICLE 19 urges the new government to prioritise the passage of anti-SLAPP legislation alongside complementary non-legislative measures.
Given low public trust in the UK media, and especially the press, the incoming government should also take measures to promote media ethics and independence. In particular:
- ARTICLE 19 previously criticised the decision of the UK government to halt any reform of press regulation and seek the repeal of measures providing incentives for the press to join recognised self-regulatory mechanisms. This move prevents access to justice for both claimants and publishers of modest means and strengthens the current ineffective system of commercially controlled self-regulation. We urge the new government to support independent regulation as set out in the Report of the First Part of the 2011-2 Leveson Public Inquiry. An independent regulation is crucial to ensure the effectiveness of public accountability of the press, and the public’s right to a reliable and accountable print media. The new government should also proceed with Part Two of the Leveson Inquiry, which was put on hold in 2012 and eventually cancelled in 2018.
- We have also repeatedly raised concerns about threats to the independence of BBC, the UK public service media. A 2016 reform to the BBC’s board impaired the broadcaster’s editorial independence by mandating that over half of the board’s 14 members be appointed by the government, with the rest being appointed by the BBC. The new government must support the BBC and its independence as a key element for diversity, media pluralism and freedom of the media in a democracy.
We also reiterate our concerns about the ongoing criminal prosecution of publisher and journalist Julian Assange and media organisation Wikileaks on espionage and other charges in the United States. As previously pointed out, the extradition of Assange from the UK to the United States would criminalise investigative journalism and have a chilling effect on freedom of expression in the UK and beyond. While we welcome the recent decision to grant Assange the right to appeal his extradition, the new government must not support the United States’ pursuit of those who expose crimes and serious human rights violations and reject the request for extradition.
The new government must also take concrete steps to protect the safety of exiled journalists and activists who face transnational repression in the UK. Authoritarian states are increasingly using threats, physical attacks, and harassment to silence dissidents and media workers living and seeking safety in the UK. For instance, Hong Kong pro-democracy activists – some with bounties on their heads – have been physically attacked in London, Manchester and Southampton and have reported feeling ‘ignored and unprotected by the UK government’. Earlier this year, British-Iranian journalist Pouria Zeraati was stabbed outside his home following the designation of Iran International, the London-based news outlet he works for, as ‘terrorism’ by the Islamic Republic of Iran. The new government must put stronger protections in place to ensure that the UK is a safe place for journalists and dissidents in exile facing extraterritorial attacks.
4. Improve effective regulation of digital markets
ARTICLE 19 has long argued that promoting effective competition in digital markets plays a crucial role in protecting not just the economy but also democracy and human rights, including the right to freedom of expression and information. Tackling dominant power of a handful of digital companies, promoting user choice, and safeguarding against exploitation are important tools for taming the corporate power that decides what we can see, post, and access online. An effective regulatory competition framework is key to ensuring the proper functioning of market processes.
ARTICLE 19 welcomes the recent passage of the Digital Markets, Competition and Consumers Act, which expands the Consumer and Markets Authority’s (CMA) power to impose requirements and pro-competition interventions on to firms it designates as having ‘Strategic Market Status’ and address the various harms that arise from the exercise of substantial and entrenched market power in digital markets.
It is of utmost importance that the CMA is supported by the new government in deploying – and if necessary, further strengthening – the array of tools available to it.
5. Bolster academic freedom
Independent universities are a cornerstone of democracy and must remain vibrant spaces for debate and dissent. While ‘no platforming’ receives outsized media coverage, ARTICLE 19 is concerned about government interventions in freedom of expression matters on university campuses.
Before the passage of the Higher Education (Freedom of Speech) Act 2023, we criticised the enactment of legislation allegedly intended to ‘protect’ free expression at universities. We highlighted that the legislation may have the inverse effect of further limiting what is deemed ‘acceptable’ speech on campus – for example by limiting campus protest and introducing a chilling effect both on teaching content and academic research.
ARTICLE 19 does not believe this legislation to be necessary. We urge the new government to repeal it and instead invest in positive measures that promote pluralism and tolerance on campuses.
The new government should also abolish the Prevent strategy, which has enabled the extensive policing and surveillance of Muslim students under the guise of detecting ‘pre-radicalisation’ behaviour. We are deeply concerned by the surge in referrals of children to Prevent for expressing solidarity with Palestine amidst Israel’s ongoing assault on Gaza.
6. Commit to protection of freedom of expression and media freedom in the UK’s international policy
The new government should commit to supporting freedom of expression, media freedom, and human rights internationally. In particular, we urge the new government to:
- Uphold the UK’s commitment to the European Convention on Human Rights (the European Convention). We are alarmed by previous statements of UK prime ministers and other state officials that the UK could abandon the European Convention. UK’s departure from the European Convention would erode the rights of individuals in the UK and utterly undermine the UK’s commitment to be a voice for the protection of freedom of expression and media freedom internationally.
- Make protection of freedom of expression and information one of key priorities in its foreign policy. The government should use the UK influence in multilateral forums to oppose laws and policies that restrict freedom expression and access to information in other countries. The UK should lead efforts to prevent internet disruptions and online censorship and support initiatives that empower citizens to make informed decisions online. It should also provide strong diplomatic and material support to journalists, activists and civil society organisations facing repression worldwide.
- Take a human rights-based approach to foreign aid and recognise that freedom of expression and access to information are enabling rights that underpin the development agenda. Effective implementation of access to information laws is critical to fighting corruption, improving public participation, and empowering communities to hold governments and corporations to account, leading to improved health, education, and other development goals.
- Support the protection and promotion of freedom of expression in conflict zones, where access to information can be lifesaving and journalism is crucial to collecting evidence about possible war crimes. This should include condemning the targeted killing of journalists in ongoing conflicts, including in Gaza, Sudan, and beyond. The UK must also exert political pressure to ensure that civilians in Gaza, Sudan, and other conflict zones have continued access to the internet and telecommunications services. The UK should also demand that Israel permit independent international media access to Gaza and urge Israel to respect the International Court of Justice’s order to ensure the unimpeded access of fact-finding missions to the Gaza Strip.
To demonstrate commitment to these priorities, the new government must also strengthen the avenues for active and ongoing participation of civil society in upholding freedom of expression and information, media freedom and human rights in the UK.
ARTICLE 19 will monitor the efforts of the new government in these areas. We stand ready to lend our expertise in the reforms aimed at improving the protection of freedom of expression and human rights.
The United Kingdom ranked 33 out of 161 countries in ARTICLE 19’s Global Expression Report. Over the past decade, the UK has declined in six indicators for freedom of expression, including:
- Freedom from internet censorship efforts
- Transparent laws with predictable enforcement
- Freedom from government censorship efforts
- Freedom of academic and cultural expression
- Freedom of academic exchange
- Freedom of peaceful assembly
