As first reported by the Telegraph, we’ve written to the Home Secretary to complain about a tweet on the official Home Office X account describing the people who’ve been arrested in connection with the disturbances in the summer of 2024 as “criminals”, even though some of them haven’t been charged yet and some of those who have been charged have pleaded not guilty and are awaiting trial.
As our General Secretary points out in his letter, were a journalist to describe an individual who has been arrested or charged but not yet admitted guilt, or is awaiting trial, as a “criminal” they would risk being in contempt of court and could be sent to prison.
The Home Office’s post also risks committing a false communications offence under section 179 of the Online Safety Act 2023. If Yvette Cooper’s office posted a message conveying information it knew to be false (i.e., if it knew that not all those arrested in connection with are in fact “criminals”), but a decision was made to post it anyway with the intent of causing “non-trivial psychological harm” to a “likely audience” without reasonable excuse, then she, as the person ultimately responsible for what’s posted on X by the Home Office, might be guilty of a criminal offence.
Given these risks, we have asked the Home Office to delete the post in question, and post an apology and a correction, clarifying that individuals who have been arrested in connection with the recent disturbances but who have not yet been charged, or have been charged by have pleaded not guilty and are awaiting trial, are not “criminals” and affirming that the presumption of innocence will be extended to them.
You can read our letter here.
