Online Communication Offence Arrests

Baroness Fox of Buckley Excerpts

Thursday 17th July 2025 Grand Committee

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I too congratulate the noble Lord, Lord Lebedev, on securing this short but crucial debate on free speech. Usually, when I talk about the concerns that my organisation, the Academy of Ideas, has about the erosion of free speech as a key factor in the public’s distrust of state institutions and fury at feeling that their views are not just ignored but silenced, or when others, such as the noble Lord, Lord Young of Acton, talk about the work of the Free Speech Union, we get a groan in the House. “There they go again” they say, “scaremongering”, “hyperbolic”, and all the rest of it, so it is great that the issue is being taken seriously today. When, as in May, the Economist headlines with “Europe’s free speech problem” and identifies the UK as one of the most censorious countries, we should all be worried, and I hope that the Government are.

The figures for arrests tell their own story. As we have already heard, there are 12,000 arrests a year, a 58% increase since 2019. I note that the Library briefing for this debate stresses that convictions and sentencing for relevant offences are decreasing dramatically and tells us not to worry, but I find that even more worrying, because it suggests that arrest is being used promiscuously to set an example, a warning to others that if they post or say the wrong thing, the police will turn up at their door, enforcers of conformism and suppressers of dissent, regardless of the law.

The journalist Fraser Myers recently asked:

“So what are we allowed to say in Britain that won’t get us arrested?”


Something certainly seems to have gone awry in the police and criminal justice system. Every force in the country has a team of officers sifting through people’s posts, trying to determine whether they cross some undefined line. The Economist, discussing this special zealotry, concludes:

“It is much easier to catch Instagram posters then thieves; the evidence is only a mouse-click away.”


Does the Minister worry that the police indeed seem to have become distracted?

Some of the detail in recent high-profile cases suggest skewed priorities. The noble Lord, Lord Lebedev, has already referred to the Times Radio producer Maxie Allen and his partner, who were arrested for the crime of posting disparaging messages about their daughter’s school in a private WhatsApp group, but the detail that I noticed was that Mr Allen’s partner asked the police officer for an example of malicious communication. The detective stared blankly and then had to google the crime.

There is the case of the Met Police intelligence unit, which usually deals with terrorism and extremism, sending Kent Police to investigate tweets from Julian Foulkes, a former police officer, about the rise of antisemitism since the 7 October pogrom. The body-cam footage from that raid showed a police officer rifling through Mr Foulkes’s book collection and expressing alarm at some of the “very Brexity” things on his shelf. Does the Minister, like me, wince when he hears that and wonder whether the police have become politicised in their actions and what they are up to? I am worried that the police will lose credibility over this.

On Saturday 29 June, 20 year-old Montgomery Toms, known as Monty, was arrested while standing alone quietly at the side of the London Pride march. His crime was wearing a handmade cardboard sandwich board showing a “trans flag = mental illness” message. Monty left the scene when approached by two officers but, two streets away, he was surrounded by 11 officers, handcuffed, held in solitary confinement for nine hours at Charing Cross police station and, while not charged with a crime, placed on pre-charge bail conditions. Such ludicrous overreach led Douglas Murray to write in the Spectator that if Monty had wanted to avoid being arrested, he should have worn a pro-jihad sign; or, even better, have indulged in a bout of phone thefts, and then he would not have seen a police officer for miles.

I do not want to just blame the police here: they take their direction from the top. The message is clear: speech crimes are on a par with or even more dangerous then real crimes. The UK Government’s public information campaign in relation to the riots was menacing. “Think before you post”, was their meme. The public fury about the excessive 31-month sentence for Lucy Connolly’s offensive Facebook message about setting fire to hotels was partly because Philip Prescott, an actual rioter who physically attacked a mosque, was sentenced to only 28 months. No wonder the police see online communication as on a par with violent actions.

Finally on the data, we need to note that communications offences are not the only gauge of attacks on free speech. Criminal lawyer Luke Gittos warns us that public order legislation, especially stirring up hatred, as we have heard, is being defined too broadly and making people feel too

“scared to speak out about important topics in case they face criminal prosecution”.

Mr Gittos recently successfully defended an ex-Royal Marine, Jamie Michael, charged with that offence simply for posting a video of himself ranting about illegal migration. He was held for 17 days, but acquitted in 17 minutes by a jury, and Mr Gittos reminds us that the jury system often acts at a curb on the worst excesses of the state. Now even that is under attack. Can the Minister assure us that it will be protected?