Israel-Hamas conflict: Increased police presence in UK schools risks discouraging children’s lawful, peaceful speech
London’s Metropolitan police force has said it will increase its intelligence-gathering activities at schools in response to increased discussions and activism regarding the Israel-Hamas conflict. The Met has instructed officers to increase visible patrols in schools while engaging with staff to obtain information about ‘community tensions’. The stated purpose of this increase in police activities is ‘keeping young people safe, improving trust and confidence in the police and deterring them from criminal activity’. However, it is not clear how, and for what exact purpose, the police will use any information they gather from children, teachers or administrators.
RSI is concerned that these increased policing activities may violate the UK’s obligations to protect the freedom of expression under Article 10 of the European Convention on Human Rights (ECHR).
Under the ECHR, the UK is allowed to restrict free expression to the extent necessary to achieve certain goals that are legitimate in a democratic society, such as protecting public safety or preventing crime – if Parliament has passed a law permitting the restrictions. Under the International Covenant on Civil and Political Rights, the UK is also required to ban ‘propaganda for war’ and ‘any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence’.
However, we are concerned that the increased surveillance of pupils’ expression at school, and the threat of criminal punishment, may have a ‘chilling effect’ – discouraging young people from engaging in peaceful, lawful discussions and debates. If UK police monitor and discourage free speech in a way that is too broad or based on vague criteria, young people may censor themselves from saying things they have a right to say. This could violate the ECHR.
The ’chilling effect’ under the European Convention on Human Rights
- ‘Chilling effect’ refers to the self-censorship that occurs when a law or other measure by the government discourages individuals from exercising their right to freedom of expression, due to a fear of criminal punishment or some other penalty. The concept specifically concerns government actions that may have the purpose of deterring illegal expression, such as incitement to violence, but cast a net that is too broad and wind up deterring lawful free expression as well.
- A chilling effect can occur regardless of whether anyone has actually been punished or faced sanctions. If there is a non-trivial threat of future punishment or other negative consequences, and this leads an individual to self-censor due to uncertainty about whether their expression will be penalised, such a situation could still be an instance of the chilling effect.[1]
- A government measure can also violate Article 10 if it has a potential chilling effect, regardless of whether there is evidence of an actual chilling effect occurring.[2]
- Central to the ‘chilling effect’ concept is the importance of protecting discussion and debate on ‘matters of general public interest’. Such discussions or debates could include political views that may be controversial, offensive, shocking or disturbing, but do not amount to incitement to violence or hate speech.[3] Examples of protected discussions or debates could include criticisms of the government, or specific institutions and their policies and practices – including criticisms that communicate a one-sided view of the issues involved.[4]
Our concerns about police information-gathering in schools and the chilling effect
- Police information-gathering involves a real possibility that people – including children – could face future surveillance or punishment. RSI is concerned that an increased police presence in UK schools could create a climate of fear and uncertainty that will deter pupils from engaging in peaceful, lawful discussions about the Israel-Hamas conflict or voicing criticisms of the UK government.
- Combined with the Prevent duty,[5] which obligates teachers and school administrators in England, Wales and Scotland to report children with suspected ‘extremist’ views, increased police surveillance may have a disproportionate and racist or Islamophobic chilling effect on British Muslim pupils, who already widely express fears of being profiled and sanctioned for things they say in school.
- The protection of opinions, and the right to express them non-violently, is one of the core principles of the ECHR rights to freedom of assembly and association. If pupils wish to engage in peaceful activism or campaigning regarding the conflict, increased police surveillance may also violate the convention by have a chilling effect on these rights – not only the right to free expression.
- We are also concerned that these measures may fail to meet the ECHR requirement that government interference with freedom of expression must be based on a law that has been passed and must also be ‘necessary in a democratic society’. In particular, it is not clear why the government believes these measures are necessary – especially as the Met has not disclosed exactly how, and for what purpose, it will use any information it gathers.
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