Rights Groups Demand Clarity from Ofcom on Online Content Following Court Ruling
Human rights organisations, academics, and legal experts have urgently called upon Ofcom to provide immediate guidance regarding online content related to Palestine Action. This follows a recent High Court ruling that declared the government's ban on the direct action group unlawful, a decision that is now being appealed by the Home Secretary.
Confusion Over Platform Responsibilities
The signatories of a letter to the communications regulator, including Open Rights Group, Amnesty International UK, Big Brother Watch, and Access Now, argue that the current situation creates significant uncertainty for online platforms. Under the Online Safety Act, these platforms have legal duties to remove terrorist content swiftly when identified. However, with the ban on Palestine Action being ruled unlawful, it is unclear whether content supportive of the group should still be taken down pending the government's appeal.
Sara Chitseko, the pre-crime programme manager at Open Rights Group, emphasised the risks: "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."
Legal Position and Practical Implications
Last week, judges decided that the proscription order banning Palestine Action under anti-terrorism laws would remain in place pending Shabana Mahmood's appeal against the High Court's decision. This means that technically, the legal position remains that content supportive of Palestine Action must be removed when a platform finds it or when it is reported to them.
However, in a parallel development, the Metropolitan Police have stated that officers will no longer arrest people at protests who express support for the direct action group. The rights groups are urging Ofcom to follow this example by clarifying the situation for online platforms while the appeal is ongoing.
Escalation of Content Removal Concerns
The letter highlights that the proscription of Palestine Action "raised serious concerns about the criminalisation of political expression" and notes there has been an escalation in content removals across major platforms including Instagram, TikTok, and X. This includes:
- The use of algorithms to hide Palestine solidarity posts
- Cases where individuals have faced police action for expressing political views online
- Widespread removal of content related to Palestinian advocacy
The signatories warn that this issue will become even more urgent when new requirements under the Online Safety Act come into effect later this year. These include obligations for platforms to proactively scan for illegal content, restrict livestreaming capabilities, and suppress algorithms that might promote certain types of content.
Freedom of Expression at Stake
"The High Court ruling should be a turning point," the letter states. "It demonstrates how easily counter-terror powers and platform regulation can be used to silence debate and suppress dissent and how difficult it is to undo those harms once systems of censorship and surveillance are put in place."
Chitseko added: "In light of the court's judgment and commentary on freedom of expression, Ofcom need to provide immediate guidance to ensure that important public debates about Palestine are not being censored."
Ofcom's Response and Ongoing Uncertainty
When contacted for comment, Ofcom did not directly address the specific situation regarding Palestine Action content pending the appeal. A spokesperson stated: "Under the Online Safety Act, tech firms must take down illegal terrorist content swiftly when they become aware of it. There's no requirement on sites and apps to restrict legal content for adult users. In fact, in carrying out their duties to keep people safe, the act requires platforms to have particular regard to the importance of protecting users' right to freedom of expression."
The rights groups are now calling for Ofcom to clarify several key points:
- Whether platforms are still expected to remove content related to Palestine Action
- How new duties to remove terrorist content will be implemented in light of the court ruling
- Whether content will be restored if the government loses its appeal
- Guidance on protecting freedom of expression while complying with legal obligations
The situation remains in flux as the Home Secretary's appeal proceeds, leaving online platforms, content creators, and users in a state of uncertainty about what constitutes permissible political expression in the digital space.
