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UK watchdog says counterterrorism law could hit protests, free speech

Published by Global Banking & Finance Review

Posted on April 29, 2026

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· Last updated: April 29, 2026

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UK watchdog says counterterrorism law could hit protests, free speech

UK Watchdog Warns Counterterrorism Law May Threaten Free Speech and Protests

Concerns Over the Application of Counterterrorism Laws in the UK

By Sam Tabahriti

Watchdog's Annual Report Highlights Legal Ambiguities

LONDON, April 29 (Reuters) - Britain's terrorism watchdog on Wednesday said the government risked stretching counterterrorism laws beyond their original purpose by using such powers against activist groups, blurring the line between protests and national security threats.

In his annual report examining the use of Britain's terrorism legislation during 2024, independent reviewer Jonathan Hall said the subsequent banning of pro-Palestine group Palestine Action had exposed "real uncertainty" over whether serious damage to property alone should qualify as terrorism.

Definition of 'Serious Damage to Property'

The law's broad wording could without clearer limits risk pulling protest activity into terrorism policing, even where there is no intent to harm people, Hall said.

"There is no legal authority on what 'serious damage to property' means," Hall wrote, saying the definition could extend beyond violent attacks to acts such as criminal damage, depending on how courts interpret the threshold.

Recommendations for Lawmakers

While he said it was unthinkable to remove property damage entirely from the legal definition of terrorism, he suggested lawmakers could narrow the test, for example by requiring a risk to life, a national security dimension or exclusion for non-violent protest.

Legal Challenges and Human Rights Concerns

His report comes as the government appeals a High Court ruling that found the banning of Palestine Action unlawful on the grounds of free speech. The ban, imposed in July 2025, remains in force pending the outcome of the appeal. UN Human Rights Chief Volker Turk warned at the time that using counterterrorism legislation to implement the ban on Palestine Action risked "hindering the legitimate exercise of fundamental freedoms across the UK".

Expansion of Counterterrorism Laws to Online Activity

Hall's report also highlighted growing reliance on counterterrorism laws to police online propaganda and political expression. 

Recent Bans and Online Rhetoric

The independent reviewer also looked at the 2024 banning of Islamist group Hizb ut-Tahrir and the extreme right-wing online Terrorgram network, describing both as cases where organisations were banned primarily for online rhetoric rather than operational violence.

Rising Prosecutions and Government Response

Terrorism offences linked to proscribed organisations rose in 2024, driven in part by arrests following Britain's ban on Hamas after its October 2023 attack on Israel, with Hall saying that prosecution numbers would rise further after Palestine Action's ban in 2025.

Interior minister Shabana Mahmood said in a statement that she would review Hall's recommendations before responding.

(Reporting by Sam Tabahriti; Editing by Hugh Lawson)

Key Takeaways

  • Jonathan Hall’s 2024 annual report flags concern that current wording around “serious damage to property” in UK terrorism law lacks clarity and may unjustly criminalise protest activity where there’s no intent to harm people (gov.uk).
  • Hall suggests narrowing the terrorism threshold by requiring a risk to life, national security, or explicitly excluding non‑violent protests—aiming to safeguard legitimate activism (the-independent.com).
  • The government continues to appeal the February 13, 2026 High Court ruling that deemed the Palestine Action proscription unlawful—a decision viewed by critics as a key free‑speech issue (time.com).

References

Frequently Asked Questions

What did the UK counterterrorism watchdog warn about?
The watchdog warned that using counterterrorism laws against activist groups could blur the line between protests and national security threats.
Why was Palestine Action banned?
Palestine Action was banned under UK's terrorism laws, raising concerns over free speech and whether property damage alone should be classified as terrorism.
How could the law affect protests and free speech?
Broad wording of counterterrorism laws could risk including non-violent protest activity in terrorism policing, impacting fundamental freedoms.
What organizations were reviewed in the 2024 report?
The report examined the bans on Palestine Action, Islamist group Hizb ut-Tahrir, and the right-wing online network Terrorgram.
What recommendations did Jonathan Hall make?
Hall suggested lawmakers could narrow the definition of terrorism, possibly by requiring a risk to life or a national security dimension.

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