Human rights groups, academics, and writers have called on Ofcom to clarify the implications of a High Court ruling that quashed the ban on Palestine Action, pending an appeal by Home Secretary Shabana Mahmood. The Metropolitan Police have said officers will no longer arrest protesters expressing support for the group, but signatories of a letter to Ofcom argue it is unclear what this means for online platforms required to remove terrorist content under the Online Safety Act.
Organisations including Open Rights Group, Amnesty International UK, Big Brother Watch, and Access Now have asked the communications regulator to clarify whether platforms are still expected to remove such content. They also seek guidance on how new duties to remove terrorist content will be implemented and whether content can be restored if the government loses its appeal.
Sara Chitseko, pre-crime programme manager at Open Rights Group, said: “The UK’s vague definition of terrorism and legal duties under the Online Safety Act already risk content being wrongly defined as illegal and removed. Now there is additional confusion over whether tech companies are targeting and removing online content relating to Palestine Action.” She added that Ofcom must provide immediate guidance to prevent censorship of important public debates about Palestine.
Last week, judges ruled that the proscription order banning Palestine Action would remain in place pending the home secretary’s appeal. This means the legal position remains that content supportive of the group must be removed when platforms find it or it is reported. However, the letter signatories urge Ofcom to follow the Met’s lead in clarifying the situation, warning that the issue will become more urgent if new requirements to proactively scan for illegal content take effect later this year.
The letter states that the proscription of Palestine Action “raised serious concerns about the criminalisation of political expression” and notes an escalation in content removals across platforms like Instagram, TikTok, and X, including algorithmic suppression of Palestine solidarity posts. It calls the High Court ruling a “turning point”, demonstrating how counter-terror powers and platform regulation can silence debate and suppress dissent.
An Ofcom spokesperson did not directly address the pending appeal but said: “We’ve provided detailed guidance to help platforms decide whether content is illegal under UK law, including how to determine whether content may have been posted by a proscribed organisation. Under the act, people must be able to appeal against a platform’s decision to take down content – for example, if a proscription is lifted – and our codes of practice state that companies should reverse their decisions where appropriate and possible if appeals are successful.”
