Radicalisation Laws.

Extremism, Free Speech and the Law.

Extremist ideas can contribute to intimidation, division, radicalisation and, in the most serious cases, Terrorism or violence. However, describing an opinion or organisation as extremist does not automatically make its activities illegal.

UK law attempts to balance national security and public protection with freedom of expression, religion, association and peaceful protest. Views may be offensive, unpopular or strongly opposed without necessarily amounting to a criminal offence.

What Is Extremism?

In 2024, the government adopted a new definition of extremism for use in deciding which organisations and individuals government departments should engage with or support.

The definition refers broadly to the promotion or advancement of an ideology based on violence, hatred or intolerance which aims to:

• Remove or destroy the fundamental rights and freedoms of others
• Undermine, overturn or replace the UK's system of liberal parliamentary democracy and democratic rights
• Intentionally create a permissive environment in which others can achieve those aims

The definition is intended to apply to ideologies of different political, religious and racial origins. It is not limited to one faith, community or political movement.

Is the Government Definition a Criminal Law?

No. The government's extremism definition is non-statutory.

It does not:

• Create a new criminal offence
• Automatically ban an organisation
• Make membership of a non-proscribed group illegal
• Give the police a general power to prevent lawful speech
• Replace the legal definition of Terrorism

The definition is principally used to guide government engagement, funding and decisions about whether public bodies should give legitimacy or influence to organisations considered extremist.

What Happened to Extremism Disruption Orders?

Earlier proposals included Extremism Disruption Orders which could have restricted the activities of individuals or organisations that promoted extremist views without necessarily committing a terrorism offence.

The proposals raised concerns about how extremism would be defined, whether lawful political or religious speech could be restricted and how the measures would comply with human rights law.

The proposed orders were not enacted. There is therefore no general Extremism Disruption Order allowing the government to ban someone from speaking merely because their views are officially regarded as extremist.

When Can an Organisation Be Banned?

The Home Secretary can proscribe an organisation under the Terrorism Act 2000 where they believe that it is concerned in Terrorism. Proscription is proportionate.

An organisation may be regarded as concerned in Terrorism where it:

• Commits or participates in acts of Terrorism
• Prepares for Terrorism
• Promotes or encourages terrorism
• Glorifies Terrorism in circumstances amounting to unlawful encouragement
• Is otherwise concerned in Terrorism

Proscription is a serious legal step. It must be approved through the parliamentary process.

What Are the Consequences of Proscription?

Once an organisation is proscribed, various activities connected with it may become criminal offences.

These can include:

• Belonging or professing to belong to the organisation
• Inviting support for it
• Expressing support recklessly in circumstances encouraging others to support it
• Arranging or assisting certain meetings
• Displaying clothing, flags or other articles in circumstances creating reasonable suspicion of membership or support
• Publishing certain images associated with the organisation
• Providing money or other resources in prohibited circumstances

The precise offence will depend on what was said or done, the person's intention and the surrounding circumstances.

Can Someone Challenge Proscription?

An organisation or affected person may apply to the Home Secretary for the organisation to be removed from the proscribed list.

If the application is refused, an appeal may be made to the Proscribed Organisations Appeal Commission, subject to the statutory rules.

Challenges can involve sensitive national-security evidence and specialist procedures.

Extremism and Terrorism Are Not the Same

Extremism is a broader political and policy concept. Terrorism has a statutory legal definition and requires specified forms of action or threats designed to influence government or intimidate the public for a political, religious, racial or ideological cause.

Many extremist beliefs and activities do not reach the legal threshold for Terrorism. The government has itself recognised that some extremist organisations operate lawfully despite promoting ideas which oppose democratic rights and freedoms.

Authorities cannot treat a person as a terrorist solely because they hold radical, religious or unpopular opinions.

Encouraging Terrorism

It can be a criminal offence to publish or communicate a statement intended to encourage Terrorism, or where the person is reckless as to whether members of the public will be encouraged to commit, prepare or instigate terrorist acts.

The offence can include unlawful glorification of Terrorism where the circumstances suggest that the conduct being praised should be copied.

The prosecution must prove the legal elements of the offence. Discussion of Terrorism, historical analysis, journalism or criticism of government policy is not automatically unlawful.

Terrorist Publications

It may be an offence to distribute, circulate, sell or possess for distribution a terrorist publication.

A publication may fall within the legislation where it directly or indirectly encourages Terrorism or provides information useful in committing or preparing an act of Terrorism.

Academic, journalistic or legitimate research purposes may be relevant, but anyone possessing or distributing operational terrorist material should obtain urgent legal advice.

Hate Speech and Stirring Up Hatred

Speech may become criminal where it crosses the legal threshold for stirring up hatred.

The Public Order Act 1986 contains offences concerning hatred based on matters including race, religion and sexual orientation. The precise test differs according to the category involved.

Racial hatred offences can cover threatening, abusive or insulting words or behaviour where hatred is intended or is likely to be stirred up.

For religious hatred and hatred based on sexual orientation, the legislation generally requires threatening conduct and proof of an intention to stir up hatred.

Criticising a Religion or Belief

It is not automatically unlawful to criticise, ridicule, insult or express opposition to a religion, religious practice or belief system.

Freedom of expression protects robust debate, including speech that others may find offensive or disturbing.

However, criticism of ideas should be distinguished from threats, harassment or conduct intended to encourage hatred or violence against people because of their race, religion or another protected characteristic.

Homophobic and Misogynistic Views

Holding or expressing traditional, religious or controversial views about sexuality, gender or family life does not automatically constitute extremism or a criminal offence.

The law may be engaged where conduct involves threats, targeted harassment, discrimination, encouraging violence or intentionally stirring up hatred under an applicable offence.

Employment, education and the provision of services may also be governed by the Equality Act 2010, which is separate from the criminal law.

Hate Crime

Hate crime is not limited to extremist organisations. An existing criminal offence may be treated more seriously where the offender demonstrated or was motivated by hostility based on:

• Race
• Religion
• Disability
• Sexual orientation
• Transgender identity

The underlying conduct must still amount to a criminal offence, such as assault, harassment, criminal damage or a public-order offence.

Threatening and Abusive Communications

Online posts, videos and private messages can result in prosecution where they contain threats, encourage Terrorism, stir up hatred or fall within communications offences.

Context is important. Prosecutors may consider:

• The exact words or images used
• The intended audience
• Whether violence was encouraged
• Whether an individual or group was targeted
• The likely meaning to an ordinary reader
• The reach and repetition of the communication
• Whether the communication formed part of harassment or intimidation

The fact that a statement was posted online does not remove freedom-of-expression protections, but nor does it protect speech that satisfies the requirements of a criminal offence.

Freedom of Expression

Article 10 of the European Convention on Human Rights protects freedom of expression. This includes speech that may offend, shock or disturb.

The right is not absolute. Restrictions may be lawful where they are prescribed by law and necessary and proportionate for purposes including:

• National security
• Public safety
• Prevention of disorder or crime
• Protection of the reputation or rights of others
• Preventing disclosure of confidential information
• Maintaining the authority and impartiality of the judiciary

A restriction should be based on a clear legal power. Disagreement, embarrassment or political pressure alone will not normally justify suppressing lawful speech.

Freedom of Religion and Association

Articles 9 and 11 of the Convention protect freedom of religion, belief, assembly and association.

People are generally free to form organisations, attend meetings, practise a religion and campaign for political or social change.

These freedoms do not protect participation in Terrorism, violence, criminal intimidation or other unlawful conduct.

Peaceful Protest and Radical Change

Campaigning for substantial political or constitutional change is not automatically extremist or unlawful.

Many ideas now regarded as legitimate were once considered radical. The law therefore seeks to distinguish peaceful democratic advocacy from intimidation, violence and attempts to destroy the rights of others.

A protest may be controversial, disruptive or deeply unpopular without amounting to Terrorism. However, offences may arise from violence, criminal damage, serious disruption, harassment or support for a proscribed organisation.

The Prevent Duty

Specified authorities, including schools, universities, local authorities, prisons, healthcare bodies and the police, have a statutory duty to have due regard to the need to prevent people from being drawn into Terrorism.

This is known as the Prevent duty.

Prevent is intended to identify and support people vulnerable to radicalisation before they become involved in Terrorism. It is not intended to criminalise lawful political or religious beliefs.

What Is Channel?

Channel is a voluntary safeguarding programme for people assessed as vulnerable to being drawn into Terrorism.

Support may include education, mentoring, mental health assistance, help with employment or work, and addressing harmful ideological influences.

Referral to Prevent or Channel does not itself mean that someone has committed an offence or will receive a criminal record.

Concerns About Prevent

Prevent has been criticised by some organisations and communities on the basis that it can discourage lawful discussion, lead to inappropriate referrals or disproportionately affect particular groups.

Supporters argue that early intervention can prevent vulnerable people from progressing towards terrorist activity.

Public bodies should distinguish between genuine indicators of radicalisation and lawful expressions of political, religious or moral opinion.

Schools and Universities

Educational institutions must consider both their Prevent responsibilities and their duties relating to freedom of speech and academic freedom.

A controversial speaker should not automatically be prohibited. The institution should assess the legal and safety risks and consider whether they can be managed through measures such as:

• Independent chairing
• Balanced discussion
• Audience conditions
• Security arrangements
• Restrictions on recording or attendance

An event may need to be cancelled where there is no practical way to prevent unlawful speech or serious disorder.

Government Funding and Engagement

The 2024 extremism definition enables government departments to consider whether they should fund, engage with or give legitimacy to particular organisations.

This is different from criminal prosecution or proscription. An organisation may operate lawfully but still be excluded from government meetings, partnerships or funding because its activities fall within the government definition.

Such decisions may be open to challenge where they are irrational, procedurally unfair, discriminatory or inconsistent with human rights.

Funding a Proscribed Organisation

Providing money, property or financial services to a proscribed organisation can be a serious criminal offence.

Risks can arise through direct donations, fundraising, transferring funds, providing accounts or making resources available where the statutory requirements are met.

Charities and businesses working in conflict areas should carry out appropriate due diligence and obtain specialist advice where there is a risk that funds could reach a proscribed organisation.

Displaying Flags and Symbols

Displaying a flag or symbol associated with a proscribed organisation is not assessed solely by reference to the image itself.

An offence may be committed where the display takes place in circumstances which arouse reasonable suspicion that the person is a member or supporter of the organisation.

Context may include the event, accompanying words, the manner of display and the person's conduct.

Can the Police Stop a Public Speech?

The police may intervene where there is a reasonable basis to believe that an offence is being or is about to be committed, or where action is necessary to prevent serious disorder or protect safety.

They do not have a general power to prevent a speech merely because the views expressed are offensive or politically contentious.

Any restriction must be based on a relevant legal power and should be proportionate to the risk.

Reporting Extremist or Terrorist Material

Material which appears to encourage Terrorism, support a proscribed organisation or threaten violence can be reported to the police.

Anyone facing an immediate threat should call 999.

Concerns that someone may be vulnerable to radicalisation can be raised with the police, local authority, educational institution or an appropriate safeguarding service.

A report should be based on conduct and evidence rather than assumptions about a person's religion, ethnicity or political beliefs.

Someone Accused of an Extremism-Related Offence

A person arrested, invited to a police interview or investigated for Terrorism, hate-speech or proscription offences should obtain specialist criminal legal advice immediately.

These offences are complex. They may depend on:

• The meaning of particular words or symbols
• The person's intention or recklessness
• The surrounding context
• Knowledge of an organisation's status
• Whether conduct amounted to support, journalism, research or legitimate debate

Deleting material, contacting witnesses or attempting to conceal devices can create further difficulties and should not be done without legal advice.

Balancing Security and Liberty

The state has a legitimate duty to protect the public from Terrorism, violence and intimidation. It must also preserve the freedom to question accepted ideas, criticise government and religion and campaign for political change.

Defining extremism too narrowly may fail to address serious radicalisation. Defining it too widely risks treating peaceful disagreement as a threat.

The strongest legal safeguards therefore focus on conduct, intention, violence, intimidation and clearly defined criminal offences rather than merely labelling unpopular beliefs as extremist.

Obtaining Legal Advice

A person or organisation affected by proscription, Prevent, restrictions on public speaking, government disengagement or an investigation into extremist material should seek specialist advice.

Depending on the circumstances, advice may be required from a solicitor experienced in criminal law, terrorism legislation, public law, human rights, education law or charity regulation.

Important Information

Solicitors.com is not a firm of solicitors. This article is provided for general information only and does not constitute legal, security or regulatory advice. Terrorism, public-order and extremism policies may change, and their application will depend on the individual circumstances. You should seek advice from a suitably qualified solicitor before taking or refraining from legal action.