The Prime Minister is set to announce new measures that would outlaw intimidation against MPs and their families.
This comes after a speaking event attended by Conservative back-bencher Jacob Rees-Mogg over the weekend was disrupted by protesters and turned violent.
Details on the proposed law are scarce, however Conservative Party Chairman Brandon Lewis has said that it will involve “bringing intimidation into electoral law.”
Gives same protection to local election candidates as general election ones, not having to publish home address & also bringing intimidation into electoral law.
— Brandon Lewis (@BrandonLewis) February 4, 2018
Is a New Law Against Intimidation Necessary?
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Presently, there are several criminal offences which cover threats and harassment, including:
- The offences of ‘Harassment’ and ‘Putting people in fear of violence’ under the Protection from Harassment Act 1997.
- The offence of sending communications with the intent to cause stress or anxiety under the Malicious Communications Act 1988.
- The offence of ‘Affray’ under the Public Order Act 1986.
However, it appears that the new law will be intended to specifically target acts of intimidation against politicians – such as the abuse suffered by many candidates, predominantly women and ethnic minorities, in the 2016 general election.
The Prime Minister is expected to use a speech marking 100 years of women’s suffrage to highlight the “tribalism and rancour” that has infected politics, and to call for a return to “decency, tolerance and respect.”
What About Free Speech?
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Concerns have been raised that the new law could be used to suppress legitimate political protest, in violation of the right to free expression (guaranteed by Article 10 of the Human Rights Convention).
Free speech is a qualified right, meaning that it may be restricted in certain circumstances – for example, to prevent disorder or crime. However, any limitation must be clearly defined in law, and must be strictly necessary to achieve the stated objective.
Without further details about the proposed law it is difficult to assess its potential impact on free speech. However, it is crucial, in order to prevent suppression of legitimate political speech, that the circumstances in which the new offence applies are clearly and narrowly defined.
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