Waving Palestinian Flag Could be Unlawful, Home Secretary Tells Police Chiefs

Suella Braverman urges police to crackdown on public support of Hamas but campaigners say her direction could have ‘chilling’ impact on free speech.
Waving Palestinian Flag Could be Unlawful, Home Secretary Tells Police Chiefs
Pro-Palestine demonstrators hold placards as they gather to march in central London on May 22, 2021. (Justin Tallis/AFP via Getty Images)
Patricia Devlin
10/11/2023
Updated:
10/11/2023
0:00

Waving a Palestinian flag on British streets “may not be legitimate” if it is deemed to be a show of support for acts of terrorism, the home secretary has told police chiefs.

Suella Braverman has urged officers to use the “full force of the law” against shows of support for Hamas—including chants—as bids to intimidate the UK’s Jewish community in the wake of the attack on Israel.

In a letter sent to the heads of police forces in England and Wales, Mrs. Braverman said “Islamists and other racists” would seek to stir up hatred against British Jews, and that police action must be taken.

However, her intervention has been criticised by freedom of expression groups who have described the home secretary’s letter as “political interference in policing.”

The Open Rights Group (ORG) also raised concerns about the impact Mrs. Braverman’s letter could have on the Online Safety Bill when it’s fully implemented.

In a statement to The Epoch Times condemning the harassment of Jewish people, ORG’s executive director Jim Killock said the home secretary’s remarks could have consequences for people’s freedom of expression in the UK.

“We are particularly concerned about the consequences of such a letter when the Online Safety Bill is implemented,” Mr. Killock said.

“The Bill compels tech companies to prevent users from encountering illegal content, meaning they must use algorithms to scan posts before they are uploaded.

‘A broad directive such as this could lead tech companies to remove any posts featuring a Palestinian flag, which could have a chilling effect on freedom of expression.”

Online Safety Bill

The flare-up of violence in the Middle East has led to shows of public solidarity on both sides, with vigils held to remember those killed in Israel as well as protests demonstrating in favour of Palestinian rights.
In her letter addressed to chief constables on Tuesday, Mrs. Braverman said, “Sadly, experience indicates that whenever Israel is attacked, Islamists and other racists seek to use legitimate Israeli defensive measures as a pretext to stir up hatred against British Jews and increase fear within the Jewish community.”

The Cabinet minister set out examples of protest that she said could amount to public order offences, including targeting Jewish neighbourhoods, waving pro-Palestinian or pro-Hamas symbols and chanting slogans that could be interpreted as anti-Israeli.

The senior Conservative politician said: “I encourage all chief officers to ensure that any protests which could exacerbate community tensions by way of offensive placards, chants, or behaviours that could be construed as incitement or harassment, have a strong police presence to ensure perpetrators are appropriately dealt with, and that communities feel protected.”

One of the clauses of the Online Safety Bill places a duty on online platforms, such as Facebook and X, formerly known as Twitter, to prevent users from encountering certain “illegal content.

Offences regarded as “priorities” under the bill or content to be removed include publishing an image of a uniform of a proscribed organisation, arranging a meeting supporting a proscribed organisation or expressing an opinion or belief supportive of a proscribed organisation.

In guidance published on gov.uk, the Government has specified, “This is not just about removing existing illegal content, it is also about stopping it from appearing at all.”

For this to happen, tech companies must use algorithms to scan content before posting it. Algorithms inevitably make mistakes, and companies will likely err on the side of caution to avoid fines.

Mr. Kilock said that as a result, there is a “significant risk” that automated moderation systems could regard content relating to the events in Palestine as potentially supportive of terrorism, and thus be removed by companies seeking to comply with the bill.

“ORG condemns the harassment of Jewish people. Jewish people must be protected from any threats and must be able to feel safe,” he said.

“However, we are concerned that Suella Braverman’s letter represents political interference in policing, which could have consequences for the freedom of expression of people in the UK.”

Home Secretary Suella Braverman delivers her keynote speech to the Conservative Party annual conference in Manchester on Oct. 3, 2023. (Stefan Rousseau/PA Wire)
Home Secretary Suella Braverman delivers her keynote speech to the Conservative Party annual conference in Manchester on Oct. 3, 2023. (Stefan Rousseau/PA Wire)

UK Protests

It comes after Prime Minister Rishi Sunak vowed to “hold people to account” if they are found supporting Hamas in Britain.

Hamas, the Palestinian military group behind the surprise strikes on Israel on Saturday, which left more than 1,000 people dead, is proscribed as a terror organisation in the UK.

Mr. Sunak told broadcasters on Tuesday that police have been given “clear guidance” to “clamp down on any behaviour that falls foul of the law.”

The Israel-Gaza conflict has sparked reactions in UK communities, with three people arrested during protests and vigils on Monday evening.

Hundreds of pro-Palestinian protesters gathered outside the Israeli embassy in Kensington to demonstrate on that same evening, letting off fireworks, lighting flares and chanting “Israel is a terrorist state,” “Free Palestine” and “Allahu akbar.”

Only a few miles east of that demonstration, more than 4,000 people are estimated to have joined a vigil outside Downing Street organised by the Board of Deputies of British Jews and the Jewish Leadership Council.

Mrs. Braverman, in her letter to police chiefs sent on Tuesday, said she recognises that decisions on arrests are “rightly an operational matter for police,” while urging forces to “use all available powers to prevent disorder and distress to our communities.”

“It is not just explicit pro-Hamas symbols and chants that are cause for concern,” Mrs. Braverman said, who visited Golders Green, a north London area with a large Jewish population, on Monday.

“I would encourage police to consider whether chants such as ‘From the river to the sea, Palestine will be free’ should be understood as an expression of a violent desire to see Israel erased from the world, and whether its use in certain contexts may amount to a racially aggravated Section 5 public order offence.”

Smoke billows from Gaza's Rafah border crossing with Egypt during an Israeli airstrike on Oct. 10, 2023. (Said Khatib/AFP via Getty Images)
Smoke billows from Gaza's Rafah border crossing with Egypt during an Israeli airstrike on Oct. 10, 2023. (Said Khatib/AFP via Getty Images)

1,600 Dead

The home secretary added that “context is crucial,” saying: “Behaviours that are legitimate in some circumstances, for example, the waving of a Palestinian flag, may not be legitimate such as when intended to glorify acts of terrorism.

“Nor is it acceptable to drive through Jewish neighbourhoods, or single out Jewish members of the public, to aggressively chant or wave pro-Palestinian symbols at.

“Where harassment is identified, I encourage the police to take swift and appropriate enforcement action.”

On Saturday, Hamas sent fighters across the border into Israel and fired thousands of rockets in an unprecedented incursion, which also targeted a music festival.

Since the weekend’s atrocities, Israel has cut Gaza off from deliveries of food, fuel, medicine and other supplies and has launched retaliatory air strikes on the 25-mile stretch, which is home to 2.3 million people.

At least 1,600 lives have already been claimed on both sides, perhaps hundreds more. Hamas and other militant groups in Gaza are holding more than 150 soldiers and civilians hostage, according to Israel.

Tel Aviv has vowed retaliation against Hamas that will “reverberate … for generations,” with its mobilisation of 360,000 reservists raising questions about whether it will order a ground invasion.

Foreign Secretary James Cleverly confirmed to LBC that a “significant number” of British-Israeli nationals have been caught up in the conflict in Israel and Gaza.

At least two Britons were killed in the Hamas onslaught, with another feared dead and more missing.

Nathanel Young, 20, was serving in the Israeli army when he was killed during Hamas’s charge. Bernard Cowan, who grew up around Glasgow, also died.

Jack Marlowe, 26, who went to the same London school as Mr. Young, is believed to be missing, while photographer Dan Darlington is feared dead.

A social media post from Mr. Darlington’s sister Shelley said he was “murdered” at Nir Oz, a kibbutz in southern Israel. His death has not been officially confirmed.

Mr. Marlowe was providing security at the Supernova music festival in the desert near Kibbutz Re’im when Hamas gunmen set upon the area.

PA Media contributed to this report.
Patricia is an award winning journalist based in Ireland. She specializes in investigations and giving victims of crime, abuse, and corruption a voice.
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