Freedom of Expression
The question
To ask the Secretary of State for the Home Department, what steps her Department is taking to protect free speech.
Answered by Sarah Jones
Free speech is a fundamental right and a defining value of our open and diverse society. Our legislation reflects this, enabling individuals to engage in robust debate. However, freedom of speech is a qualified right. It does not extend to language that incites violence, hatred, or criminal behaviour.
In November 2025, the Home Secretary announced an independent review of public order and hate crime legislation, led by Lord Macdonald of River Glaven KC. As part of its work, the Review will assess whether existing police powers remain effective, proportionate and used consistently, including in relation to lawful protest, helping to ensure that the legal framework supports the protection of free speech while maintaining public order.
The Home Secretary has also announced that non-crime hate incidents (NCHIs) are to be replaced in their current form with a more common-sense approach. The review of NCHIs, led by the College of Policing and the NPCC, includes consideration of how to best protect the fundamental right to freedom of expression. A publication of the findings from the College and NPCC is expected in March 2026.
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