The UK Free Speech Act 2026

Updating my 2020 "UK Free Speech Act" proposal, five years later.

Back in 2020 I wrote a proposal for a UK Free Speech Act through the think-tank I'm affiliated with, the @ASI.

That proposal was incomplete. I update that proposal below with what I think would be the complete version of the Act, which is responsive to recent changes in the applications of laws such as the proscription and mass-arrest of Palestine Action protestors for silently holding signs.

Introducing: the UK Free Speech Act 2026.

This bill, if enacted, would create a First Amendment-style right in the UK, require UK courts to consider US First Amendment jurisprudence when interpreting domestic law, free the UK domestic tech sector from cumbersome legal restrictions, repeal most if not all speech crimes, reform UK defamation law, and vacate and annul all previous convictions for speech crimes.

An Act to secure the free and open flow of information and ideas for the people of the United Kingdom.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

1. FREEDOM OF SPEECH

(1) The right of any person, and of the people, to freedom of speech shall not be violated by the State.

(2) Freedom of speech encompasses but is not limited to the right to engage in spoken or written expression of any idea pertaining to any matter of public interest, morality, philosophy, or politics, which is not a threat or direct incitement.

(3) As used in this Act, the following terms bear the following meanings:

(i) “Direct incitement” means speech or writing which is directed towards inciting or producing imminent lawless action and is likely to incite or produce such action.

(ii) “Threat” means a threat made knowingly and willfully.

(iii) "State" means (A) the United Kingdom, (B) Parliament, (C) His Majesty's Government, (D) any instrumentality of the State or any public body, (E) any body or person exercising powers or authority delegated by or devolved from the United Kingdom, Parliament, or His Majesty's Government, and (F) any publicly-funded university or institute of higher education.

(4) Schedule 1, Part I, Article 10 of the Human Rights Act 1998 is hereby repealed.

(5) It is the intention of Parliament to create a UK right which is equivalent to the First Amendment right in the United States. In interpreting this Act, First Amendment precedent existing prior to the date of enactment of this Act is to be treated as persuasive.

2. REPEAL OF CENSORSHIP AND COMPELLED SPEECH LAWS

(1) The Online Safety Act 2023 is hereby repealed.

(2) The Communications Act 2003 is hereby repealed.

(3) Part II of the Terrorism Act 2000 is hereby repealed.

(4) Sections 1, 2, 3, 21, and 22 of the Terrorism Act 2006 are hereby repealed.

(5) The Defamation Act 2013 and Schedule 1, Article 8 of the Human Rights Act 1998 are hereby repealed.

(6) The common law of defamation prior to 2013 is restored. Courts shall interpret the common law of defamation having due regard to Section 1(5) of this Act.

(7) Sections 4, 4A, 5, 6, 7, 8, 9, 10; Part 2; Part 3; and Part 3A of the Public Order Act 1986 are hereby repealed.

(8) The Malicious Communications Act 1988 is hereby repealed.

(9) Sections 1, 2, 3, 4, 5, 6, and 7 of the Contempt of Court Act 1981 are hereby repealed.

(10) Section 10(2) of the Equality Act 2010 is hereby repealed. The words “or belief” are hereby deleted from Section 10(3) of the Equality Act 2010.

(11) The Higher Education (Freedom of Speech) Act 2023 is hereby repealed.

3. COMMUNICATION OF THREATS

(1) Criminal threatening in the first degree. A person is guilty of threatening in the first degree when such person, using any form of communication,

(a) Threatens to commit any crime:

(i) involving the use of a hazardous substance with the intent to terrorize another person, to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or

(ii) in reckless disregard of the risk of causing such terror, evacuation or inconvenience;

(b) threatens to commit any crime:

(i) with the intent to cause evacuation of a building, place of assembly or facility of public transportation or otherwise to cause serious public inconvenience, or

(ii) in reckless disregard of the risk of causing such evacuation or inconvenience; or

(iii) commits threatening in the second degree as provided in Section 3(2), and in the commission of such offense such person uses or is armed with and threatens the use of or displays or represents by such person's words or conduct that such person possesses a knife, dagger, machete, bat, club, stick, pistol, revolver, shotgun, rifle, machine gun or other offensive weapon; or

(iv) violates this Section with the intent to cause an evacuation of a building or the grounds of a (A) house of religious worship, (B) religiously-affiliated community center, (C) public or nonpublic preschool, school or institution of higher education, or (D) day care center during operational, preschool, school or instructional hours or when a building or the grounds of such house of worship, community center, preschool, school, institution or day care center are being used for the provision of religious or community services, or house of worship, community center, preschool, school, institution or day care center-sponsored activities.

(v) No person shall be found guilty of threatening in the first degree and threatening in the second degree upon the same transaction, but such person may be charged and prosecuted for both such offences upon the same indictment.

(2) Criminal threatening in the second degree. A person is guilty of threatening in the second degree when such person, using any form of communication,

(a) by physical threat,

(b) such person intentionally places or attempts to place another person in fear of imminent serious physical injury,

(c) such person threatens to commit any crime of violence with the intent to terrorize another person, or

(d) such person threatens to commit such crime of violence in reckless disregard of the risk of causing such terror.

(3) Penalties.

(1) A person who commits an offence under section 3(1) is liable, on conviction on indictment, to a term of imprisonment of up to ten years, a fine of £500,000, or both.

(2) A person who commits an offence under section 3(2) is liable, on conviction on indictment, to a term of imprisonment of up to three years, a fine of £100,000, or both.

(4) Lawful self-defence.

(1) It shall be an absolute defence to any charge under Section 3(1)(b)(iii) or Section 3(2) if the accused can demonstrate that the threat was made for the purpose of (i) defending themselves or another from actual bodily harm, grievous bodily harm, or death as a result of another’s imminent, threatened, or actual unlawful act, (ii) defending themselves or another from a person engaged in the imminent, threatened, or actual commission of any offence under the Sexual Offences Act 2003; (iii) protecting a dwelling or business premises from imminent, threatened, or actual unlawful entry; or (iv) preventing the imminent, threatened, or actual unlawful destruction or ransacking of property.

4. AMENDMENT TO THE PROTECTION FROM HARASSMENT ACT 1997

(1) New Section 1(4) is inserted to the Protection from Harassment Act 1997 which reads as follows:

“1(4)

(a) “Harassment” means when a person, with intent to terrorize or intimidate another identified person, and for no legitimate or lawful purpose,

(i) communicates with an identified person by telegraph or mail, electronically transmitting a facsimile through connection with a telephone network, “tagging” or otherwise generating social media notifications, electronic mail or text message or any other electronically sent direct message, whether by digital media account, messaging program or application, or initiated by computer, computer service, mobile telephone, or computer network, or any other form of direct communication to that identified person, in a manner likely to cause terror or intimidation to an identified person;

(ii) makes a telephone call or engages in any other form of voice communication, whether or not a conversation ensues, in a manner likely to cause terror, intimidation or alarm;

(iii) communicates a criminal threat under Section 3 of the UK Free Speech Act 2026 directly to an identified person; or

(iv) communicates or shares a photograph, video or words or engages in any other form of communication directly to an identified person in a digital, electronic, online or other meeting space, in a manner likely to cause terror or intimidation.

(b) “Person” means both natural and legal persons.

(c) Communicating directly with an identified person in the manner set out in Section 1(4)(a) in a manner likely to cause terror or intimidation to another person shall also constitute harassment.”

(2) New Section 1(5) is inserted to the Protection from Harassment Act 1997 which reads as follows:

“1(5) For the avoidance of doubt, “harassment” shall not include public speech, writing, broadcast, or expression which is not directly communicated to an identified person, even if such expression is offensive, alarming, or distressing to one or more persons.”

(3) New Section 1(6) is inserted to the Protection from Harassment Act 1997 which reads as follows:

“1(6) Nothing in this Act shall be interpreted to criminalize public expression that is not

(a) a direct communication to an identified person, and

(b) made with intent to terrorize or intimidate that person.”

5. INTERNET PUBLICATION IMMUNITIES

(1) No provider or user of an interactive computer service shall be treated as the publisher or speaker of any content provided by another information content provider.

(2) No provider or user of an interactive computer service shall be held civilly liable on account of:

(a) any action taken to restrict access to or availability of material that the provider or user considers to be harmful, obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable; and

(b) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in Section 5(2)(a).

(3) The term “interactive computer service” means any system that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet, including AI models.

(4) The term “information content provider” means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service.

6. CIVIL ACTION FOR DEPRIVATION OF RIGHTS

(1) Any person who, under colour of any statute, ordinance, regulation, custom, or usage, of the United Kingdom, or any authority operating under powers created or granted by the United Kingdom, or any public body, or any publicly-funded institute of higher education, subjects, or causes to be subjected, any person to deprivation of the right secured by Section 1 of this Act, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

7 VACATUR

(1) Any conviction entered under a provision repealed by this Act, where the conduct at issue would not constitute a threat, direct incitement, or harassment, in each case as such term is defined in this Act, is hereby annulled, vacated, and of no legal effect.

(2) Courts of record shall enter orders setting aside such convictions upon application of the person convicted, and all legal disabilities or penalties flowing from such convictions shall be extinguished.

(3) This section shall not apply to convictions for conduct involving violence, threats, actual physical harm, or offences preserved under this Act.

8. COMMENCEMENT

(1) This Act comes into force on Royal Assent.

(2) All repeals and amendments effected by this Act shall have immediate effect following Royal Assent. Any proceedings, investigations, or enforcement actions pending under the repealed provisions shall cease forthwith.

9. EXTENT

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

10. SHORT TITLE

(1) This Act may be cited as the UK Free Speech Act 2026.