LONDON (Daily Mail) - – A major free speech row erupted after it was revealed that more than 60,000 people have been arrested in the UK over the past five years for “communications offences” – some as trivial as viewing disparaging TikTok videos.
The astonishing figure has been described as “Orwellian”, and having a “chilling effect” in stifling opinions online.
The statistics – to be published in a hard-hitting report this week – also highlight the chaotic implementation of rules on “malicious” messaging, with some police forces making 14 times more arrests under the powers than others.
The report, by campaign group Big Brother Watch, discloses that at least 62,199 people in the UK have been arrested for such offences over the past half-decade, with 18,510 being charged and 12,292 convicted.
Campaigners say that although a proportion of the arrests will be justifiable – such as intervention to stop threatening messages from abusive partners in domestic violence cases – the scope of the laws has spawned a rash of over-zealous policing of everyday communications.
The report cites the case of West Midlands Police visiting the home of a vulnerable teenage girl to accuse her over a TikTok post containing a teacher’s image with negative comments.
They demanded that the girl hand over all her devices and either attend a voluntary interview or face arrest – even though she had not created, shared or commented on the video.
The investigation later concluded with the child formally told that no further action was taken. The force defended their actions on the grounds that they were “investigating alleged malicious communications offences”.
“Shoplifting, mobile phone theft and sexual offences are all on the rise, yet the police seem increasingly obsessed with catching thought criminals,” it said.
“The sheer number of people being arrested for online offences, even though only one in five end up being convicted, cannot help but have a chilling effect on free speech,” The investigation added.
“People up and down the country daren’t say what they think about a whole range of issues for fear they’ll get a knock on their door at four in the morning by a couple of plainclothes officers wearing rainbow lanyards,” it said.
Last year, a Hertfordshire couple were arrested after they made complaints about their daughter’s primary school on a WhatsApp group chat.
Rosalind Levine and Maxie Allen were held for 11 hours on suspicion of harassment and malicious communications.
They later received £20,000 in damages following a public outcry.
Big Brother Watch says “the elasticity of vaguely defined speech offences” in legislation such as the Online Safety Act has also led to wide divergences between arrest rates across the country.
While Cumbria Police arrested 25.7 people per 10,000 over five years – around 2.5 times the national average – neighboring Northumbria did so for just 1.9 people per 10,000.
The laws have also been used to shut down or age-restrict internet forums on political parties, British history and even famous artworks.
Analysis of communities on the Reddit website showed that discussions as diverse as horror film posters, advice on supporting a friend through chemotherapy, 1970s punk bands and ‘annoying papercuts’ were all placed behind digital age barriers.
Big Brother Watch is demanding an independent national review into the laws affecting freedom of speech in the UK and for action to “restore Britain’s free speech laws and culture”.
In another high-profile case, Lucy Connolly was jailed after calling for hotels housing asylum seekers to be set on fire in the wake of the Southport murders in July 2024. She was sentenced to 31 months in jail.
Silkie Carlo, director of Big Brother Watch, said, “There is mounting concern among the public that speech policing is out of control in Britain and it’s long overdue that the government takes action.”
“UK Prime Minister Andy Burnham must now launch a free speech reset and order an independent review of our laws and police training around speech, in order to fix this Orwellian mess,” Carlo added.