A fresh free speech controversy has broken out after new figures showed that more than 60,000 people have been arrested in the UK over the past five years for alleged “communications offences” — including cases critics say were as minor as watching disparaging videos on TikTok.
The scale of the arrests has prompted fierce criticism from civil liberties campaigners, who have branded the numbers “Orwellian” and warned they risk creating a “chilling effect” on what people feel able to say and share online.
The figures, due to appear in a hard-hitting report this week, also point to striking inconsistencies in how laws covering “malicious” communications are being enforced, with some police forces making 14 times as many arrests under the powers as others.
According to the report by campaign group Big Brother Watch, at least 62,199 people across the UK have been arrested for such offences in the past five years. Of those, 18,510 were charged and 12,292 were convicted.
Campaigners acknowledge that some arrests will be warranted, particularly where police intervene to stop threatening messages in domestic abuse cases. But they argue the breadth of the legislation has encouraged an overly aggressive approach to policing ordinary digital communication.
The report cites the case of West Midlands Police visiting the home of a vulnerable teenage girl to accuse her over a TikTok post containing a teacher’s image with negative comments.
Maxie Allen and Rosalind Levine were arrested after they made complaints about their daughter’s primary school on a WhatsApp group chat
CCTV shows six uniformed police officers descending on Rosalind Levine and Maxie Allen’s suburban home before they were led away in front of their crying daughter
The report cites the case of West Midlands Police visiting the home of a vulnerable teenage girl (pictured) to accuse her over a TikTok post containing a teacher’s image with negative comments
They demanded that the girl hand over all her devices and either attend a voluntary interview or face arrest – even though she had not created, shared or commented on the video.
The investigation later concluded with the child formally told that no further action was taken. The force defended their actions on the grounds that they were ‘investigating alleged malicious communications offences’.
Writing in today’s Mail On Sunday, Toby Young, director of the Free Speech Union, said: ‘Why are the authorities spending so much time policing our tweets when they could be policing our streets?
‘Shoplifting, mobile phone theft and sexual offences are all on the rise, yet the police seem increasingly obsessed with catching thought criminals.
‘The sheer number of people being arrested for online offences, even though only one in five end up being convicted, cannot help but have a chilling effect on free speech.
‘People up and down the country daren’t say what they think about a whole range of issues for fear they’ll get a knock on their door at four in the morning by a couple of plainclothes officers wearing rainbow lanyards.’
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Last year, a Hertfordshire couple were arrested after they made complaints about their daughter’s primary school on a WhatsApp group chat.
Rosalind Levine and Maxie Allen were held for 11 hours on suspicion of harassment and malicious communications.
They later received £20,000 in damages following a public outcry.
Toby Young, director of the Free Speech Union (pictured), said: ‘Why are the authorities spending so much time policing our tweets when they could be policing our streets?’
In another high-profile case, Lucy Connolly was sentenced to 31 months in jail for calling for hotels housing asylum seekers to be set on fire in the wake of the Southport murders in July 2024
Connolly, the wife of a Conservative councillor, wrote this social media post (pictured) following the 2024 Southport-related riots
Big Brother Watch says ‘the elasticity of vaguely defined speech offences’ in legislation such as the Online Safety Act has also led to wide divergences between arrest rates across the country.
While Cumbria Police arrested 25.7 people per 10,000 over five years – around 2.5 times the national average – neighbouring Northumbria did so for just 1.9 people per 10,000.
The laws have also been used to shut down or age-restrict internet forums on political parties, British history and even famous artworks.
Analysis of communities on the Reddit website showed that discussions as diverse as horror film posters, advice on supporting a friend through chemotherapy, 1970s punk bands and ‘annoying papercuts’ were all placed behind digital age barriers.
Big Brother Watch is demanding an independent national review into the laws affecting freedom of speech in the UK and for action to ‘restore Britain’s free speech laws and culture’.
In another high-profile case, Lucy Connolly was jailed after calling for hotels housing asylum seekers to be set on fire in the wake of the Southport murders in July 2024. She was sentenced to 31 months in jail.
Silkie Carlo, director of Big Brother Watch, said: ‘There is mounting concern among the public that speech policing is out of control in Britain and it’s long overdue that the government takes action.
‘Andy Burnham must now launch a free speech reset and order an independent review of our laws and police training around speech, in order to fix this Orwellian mess.
‘Thousands of people are being arrested for controversial speech, online jokes and non-violent protest. People have even been arrested for holding blank pieces of paper, and urged to take ‘online thinking skills’ courses by police. Enough is enough.’