Online Communication Offence Arrests

Lord Frost Excerpts

Thursday 17th July 2025 Grand Committee

[Lord Frost (Con)]

My Lords, I thank the noble Lord, Lord Lebedev, for securing this important debate and for his powerful opening speech. We now live in a world in which everyone, if they wish to, can make their views known to everybody else. It is a world where political debate is not the preserve of a small establishment group but is open to all. Yet not everyone seems comfortable with this, and rather than welcoming this uniquely open debating environment, we find many politicians talking of disinformation and misinformation and even of putting outright bans on certain kinds of speech.

Unfortunately, the British legislative framework gives them plenty of power to make these words reality. Our legal framework potentially criminalises wide categories of speech and messaging. The noble Lord mentioned a couple of them. We have the Communications Act 2003, criminalising “grossly offensive” messages. We have the Malicious Communications Act 1988, criminalising “indecent or grossly offensive” communications. We have the Public Order Act, which criminalises causing harm or distress, including the notoriously broad “stirring up” offences. All these are aggravated if motivated by “hate”. Of course, we also have the Online Safety Act 2023, which criminalises false communication by an individual; it makes fake news literally illegal.

These laws raise a number of problems. First, there is definition creep, with “grossly offensive”, “abusive”, “insulting” and “false”—says who? What these mean, in fact, depends ultimately not on law but on CPS guidance, which can easily be changed in line with prevailing fashion and fashionable beliefs. Secondly, there is the chilling effect. In a country where, clearly, there are problems of immigration and integration, one person’s fair commentary is another’s abuse or insult. For example, is commenting on different characteristics of migrant communities in the UK and crime levels among such communities fair political comment or is it “stirring up” racial hatred? The risk of drifting over that border and committing an offence creates a chilling effect that means that people are frightened to comment.

Thirdly, all these laws were written either well before this great democratisation in political debate or by legislators who had not caught up. They are written for a world of green ink letters and shouting in the street; they are not written for the very punchy, sharp, meme-based, satirical social media world. In my view, these laws should mostly be abolished or at least focus much more clearly on genuine incitement. Until that happens—and I am not exactly holding my breath about it—our only protection is a Government, an establishment or a wider climate of opinion supporting free speech. Unfortunately, of course, we have no such thing.

We know from the Covid era that the commitment to free speech is thin to start with. Politicians of all parties muse about controlling social media further; they often believe that, in this new world, the ill-informed populace is easy prey to false beliefs and conspiracies. The Government are particularly well placed to do that because most misinformation actually comes from Governments. Trump’s supposed collusion with Russia and the Covid lab-leak theory are two outstanding examples of that. On most political issues there is simply no authoritative interpretation of the facts. Instead, what a fact tells you depends on the interpretation you bring to it, what you see as the goals of a policy. The same fact or number can be used to support very different arguments, depending on your prior beliefs, your interpretative framework and what you are trying to achieve. Thus, the only way to reach an outcome is to have a free debate and see who wins the argument.

I worry that we are heading towards a real crisis. There has always been some censorship in Britain—more’s the pity—but, until recently, it was more artistic and cultural, rather than political. We prided ourselves on being a free country in which we could speak freely. We simply cannot say that now. We are, in fact, all vulnerable. Say the wrong thing in the wrong way at the wrong moment, and any of us might find the police at our door. I hope that the Minister will be able to reassure us when he responds.