Proposed offences risk endangering free speech
At least ten clauses in the Counter Terrorism and Border Security Bill breach human rights laws, according to MPs’ and Peers’ second legislative scrutiny report of the Bill.
The Joint Committee on Human Rights said the proposed offence, in clause 1, of expressing an opinion or belief in support of a proscribed organisation, would restrict free speech, including valid debates on de-proscription.
Clause 2, which criminalises the online publication of images of clothing or other articles arousing ‘reasonable suspicion’ the person supports a proscribed organisation, requires extra safeguards, the Committee said. It suggested clause 3, criminalising accessing terrorist material online on one occasion only—one click would be enough to create an offence—be deleted as it breaches the right to receive information and risks criminalising legitimate research and curiosity.
The Committee called for clause 4’s ‘designated area offence’, which criminalises entering or remaining in an area even where no harm is intended, to be deleted or amended. It also sounded concerns about oversight of the retention of suspects’ data, where suspects are not charged or convicted.
Harriet Harman MP, who chairs the Committee, said the Bill ‘still crosses the line on human rights.
‘The government has failed to give us adequate justification for provisions which risk undermining free speech and giving them wide and unaccountable powers’.
The Committee has previously expressed ‘serious concerns’ that the Bill does not comply with fundamental rights, in a report published in July.
