UK Freedom of Speech Act 2026

Hawthorne, Leon 2026. UK Freedom of Speech Act 2026. SSRN. 10.2139/ssrn.6515380

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Abstract

The United Kingdom faces a profound crisis in freedom of expression, characterised by an alarming surge in criminal prosecutions for social media posts, protest activities, and the expression of controversial opinions. This research identifies 1.2 million offences recorded by police in England and Wales in 2024–25 which are labelled herein as ‘all speech-related crimes’. While categorised by police under 12 distinct Home Office crime codes, these offences collectively account for 18% of all recorded crime. Six of these codes—comprising 13% of all recorded crime—are labelled herein as ‘core speech crimes’, representing the most critical areas of the current free speech debate. These cases frequently invoke nebulous standards such as ‘hate speech’, ‘grossly offensive’, or ‘false’ content, or communications causing ‘anxiety’, ‘distress’, or ‘alarm’. This paper proposes the Freedom of Speech Act 2026 (‘FOSA’), a fully drafted legislative instrument ready for immediate introduction. Grounded in Britain’s constitutional heritage—from Magna Carta 1215 to the Bill of Rights 1689 and Scotland’s Claim of Right 1689—FOSA restricts criminal liability for expression to a strict threshold of intentional or reckless incitement to violence. Through surgical repeals of the Public Order Act 1986, Malicious Communications Act 1988, and the Online Safety Act 2023, the Bill decriminalises mere offence while stripping the state of its power to enforce proxy censorship via digital platforms. This study bridges historical doctrinal analysis with an empirical critique of modern regulatory excesses, offering a clause-by-clause exegesis and a radical policy framework designed to restore the United Kingdom's global preeminence as a bastion of free expression.

Item Type:	Working paper
Date Type:	Published Online
Status:	Submitted
Schools:	Schools > Journalism, Media and Culture
Publisher:	SSRN
Date of First Compliant Deposit:	13 April 2026
Last Modified:	13 May 2026 09:24
URI:	https://orca.cardiff.ac.uk/id/eprint/186312

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