Terror Law Watchdog States Protesters Can Face Prosecution for Chanting Jihad

An independent reviewer warned against changing terrorism laws due to the dangers of unintended consequences. Jonathan Hall, KC, stated that protesters chanting “jihad” could be prosecuted under current anti-terrorism law. In his report, he explained that chants of “jihad” may constitute an offense under the Terrorism Act 2006, prohibiting statements that could be seen as an inducement to commit terrorist acts. Mr. Hall emphasized that the offense is serious and not intended for public order enforcement.

The review was prompted by a dispute between ministers and police over whether particular chants and signs at pro-Palestinian demonstrations were illegal. Met Commissioner Sir Mark Rowley called for new laws against “hateful extremism,” but Mr. Hall cautioned against such legislation due to the risk of restricting free speech. He advised against amending current anti-terrorism laws, stating that there is a general risk of unintended consequences when introducing new legislation.

Mr. Hall scrutinized various terrorism offenses relevant to protests, considering potential amendments but ultimately advising against them due to their potential unintended consequences. For example, he cautioned against the use of Section 13 of the Terrorism Act 2000 to penalize mere speech, which could significantly limit free expression. He also warned against tightening the law around specific slogans or chants, drawing on the analogy of Pepe the Frog.

The Metropolitan Police declined to comment further on their assessment of the jihad chant heard last month.



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