Independent Reviewer
@terrorwatchdog
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UK Independent Reviewer of Terrorism Legislation and Independent Reviewer of State Threat Legislation. Jonathan Hall KC
London, England
Joined March 2017
The OSA eschewed requiring removal of specific content in favour of safety duties - but even these must be enforced. If penalties cannot be enforced against US entities, then OFCOM will need to consider other remedies to avoid UK users being exposed to content on these.
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Kiwi Farms had geo-blocked the UK initially, but then lifted the geo-block; 4Chan objects to providing required safety duty information…/3.
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Interesting to consider where this goes: in substance, it appears that 4Chan and Kiwi Farms are seeking a guarantee that OFCOM’s sanctions will not be used against them…/2.
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This weeks’ US claim by 4Chan and Kiwi Farms’ against OFCOM appears to be for declaratory relief, to the effect that purported OFCOM notices were ineffectively served on those entities, and that the OSA is unenforceable in the US…/1.
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This is different from (lesser) section 13 offence which accounts for most arrests so far re "I support Palestine Action" placards. /ends.
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Court of Appeal had held that section 12(1A) was lawful and not excessively damaging to freedom of expression. /3.
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This is the more serious offence of expressing a belief or opinion supportive of proscribed organisation AND being reckless as to whether a person to whom that expression is directed will be encouraged to support the proscribed organisation in question. /2.
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Support for proscribed organisations: the Supreme Court is due to consider effect of section 12(1A) Terrorism Act 2000 offence at hearing on 20 Nov 2025. /1.
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My article for the Observer on proscription and protest arrests
observer.co.uk
When organisations are proscribed, we can't privilege one kind of terrorism over another
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These grounds were found to be "reasonably arguable" which is the test for granting permission. /5.
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Judicial review will consider (a) whether proscription incompatible with Arts 10 (free expression) /11 (free association) ECHR and (b) whether unlawful because Home Sec should have first consulted Palestine Action. /4.
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Importance of determining legal challenge more quickly was underscored by impact on free speech and association and need for clarity given arrests/prosecutions of PAG supporters since proscription. /3.
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Much of today's judgment concerns 'alternative remedy' and whether judicial review even appropriate. Court held that (slower) statutory appeal to Proscribed Organisations Appeal Commission was *not* a suitable alternative remedy on the facts of the case. /2.
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Palestine Action Group - High Court has granted permission for full judicial review to go ahead. /1.
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My interview on Southport one year on with Nick Ferrari
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With this step by OFCOM, the rubber is now hitting the road for a section of online harms. /ends.
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Watching how this heralds moves v terrorism and foreign interference content. Sexual content is much less ambiguous; and need to protect children from sexual content is widely accepted. Position is different with material that encourages terrorism, or may be Russian disinfo. /4.
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