Are we allowed to say that proscribing a direct action group is wrong in the UK?

No one seems sure...

For legal reasons, I must clarify that this article is not intended in any way to express or encourage support for any proscribed group. Please understand that in the UK, any perceived support for a proscribed group could lead to a prison sentence of up to 14 years.

Now that I’ve got the legal stuff out the way, I must say it is my intention to critique the government’s decision to class non-violent action as terrorism and also not class it as terrorism.

We have found ourselves in the absurd position where a direct action group has been designated as a terrorist organisation, even though someone could carry out the same actions as that group without it being classed as terrorism. In other words, it is not the actions that are terrorism, it is the name of the group. Confused? You should be because nothing about this law makes sense.

Last night, the Court of Appeal upheld the proscription of Palestine Action, but clarified that doesn’t mean direct action automatically counts as terrorism. If someone resorts to direct action without acting as part of a proscribed group, that would be treated as what it is, whether that be criminal damage or trespassing or being a nuisance, and the court could then decide if the actions were justified, as it has done in the past.

This would appear to be the Court of Appeal’s way of accepting that Palestine Action has never resorted to terrorism, but is legally still a terrorist group because Yvette Cooper says so.

You don’t have to be a supporter of Palestine Action or any proscribed group to see the proscription as bonkers, which leads to me to ask: are we allowed to say the proscription is bonkers? Are we allowed to question Yvette Cooper’s decision? Are we allowed to protest against the proscription?

I understand a protest is being held against the proscription in London today. Will police arrest people for protesting against a decision their government has made? What about if someone sets up a petition asking for the proscription to be overturned? What about if a journalist reports upon the actions of a proscribed group or dares to interview a member? Do all of these things count as terrorism too? Because we’ve not received clarification, but it seems as though they might. It seems that just writing this article might be considered a terrorism offence, even though I’ve clarified that it is not intended to express support for a proscribed group or encourage support!

Today, Ash Sarkar made the following request on Twitter:

I urge my colleagues in the media to join us in writing to the Attorney General seeking clarity on how the ban will be enforced for journalists. There is a strong public interest case in reporting on Palestine Action - but the sweeping and opaque nature of the legislation leaves us worried that journalists could be at risk. We urgently seek reassurance that all media workers will have guaranteed protection to do their work legally and safely.

I might genuinely be at risk of arrest here, but I can’t accept a reality where I am not allowed to question a decision of my government. The whole point of a democracy is that you’re allowed to challenge the decisions your government has made, whether that be through words, peaceful protest, or even direct action.

To think, it is a matter of days since Yvette Cooper was celebrating the Suffragettes when she would jail people as terrorists for celebrating a direct action group that operates today. The hypocrisy is mind boggling.

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