What laws were used to charge individuals for online hate speech in the UK in 2024?
Executive summary
In 2024 UK prosecutions for online hate speech rested on a patchwork of existing criminal offences—most prominently the Public Order Act offences on stirring up hatred, section 127 of the Communications Act 2003 for grossly offensive electronic communications, and new Scottish provisions under the Hate Crime and Public Order (Scotland) Act 2021 which came into force on 1 April 2024 (see gov.scot and related summaries) [1][2]. The Online Safety Act 2023 also framed platform duties to remove “illegal material” including hate speech, increasing enforcement pressure on platforms and indirectly shaping prosecutions [3][4].
1. Legal patchwork: Multiple statutes, not one “hate speech law”
There is no single consolidated “hate speech” statute in the UK; instead prosecutions draw on several overlapping offences. England, Wales, Northern Ireland and Scotland use different statutory routes—English and Welsh prosecutions have long relied on Public Order Act offences (stirring up racial or religious hatred), and communications offences such as section 127 of the Communications Act 2003 for grossly offensive or menacing messages transmitted electronically (available sources describe this multi‑statute structure) [2][5][6]. The Law Commission and human rights reporting echo that hate speech is dispersed across existing criminal law rather than defined as a single new offence [7][4].
2. Scotland’s new 2024 regime changed the landscape there
Scotland brought a distinct legal change into force on 1 April 2024: the Hate Crime and Public Order (Scotland) Act 2021. The Scottish government framed this as strengthening protections for victims of hate, while critics warned of vagueness and potential chilling effects on free speech; independent coverage noted both the law’s entry into force and those debates [1][8]. Scottish prosecutions in 2024 therefore could proceed under those new, Scotland‑specific stirring‑up and public order provisions rather than relying solely on older UK‑wide offences [1][9].
3. Online Safety Act 2023: platforms, not only prosecutors
The Online Safety Act 2023 does not itself create novel hate‑speech criminal offences but imposes duties on platforms to remove “illegal material” under UK law—including content that is threatening or hate speech—and creates regulatory incentives that affect how quickly material is taken down and when platforms report content to police [3][4]. Commentators and officials described the Act as increasing platform responsibility and enforcement pressure, a factor in the 2024 debates over online harms and subsequent enforcement [3].
4. Thresholds and evidential standards: a high bar for prosecution
Civil society and policing guidance stress that UK law protects expression and sets a relatively high evidential threshold before speech is criminalised; police may record abusive online material as a “non‑crime hate incident” when it does not meet the criminal threshold [10][6]. The Equality and Human Rights Commission noted that while “hate speech” is not a defined legal term, expressions amounting to verbal abuse, harassment or incitement to hatred have been unlawful for years—illustrating the distinction between offensive speech and prosecutable offences [4].
5. Sentencing, aggravation and sentencing uplifts
Where underlying offences (assault, criminal damage, public order offences) are proved, courts can apply aggravated‑offence provisions or sentencing uplifts when hostility related to protected characteristics is established. Northern Ireland, England and Wales and Scotland have mechanisms to increase penalties where hostility or targeting is proven—so charges for online conduct can be reflected in heavier sentences through existing hate‑crime sentencing rules [9][5].
6. Disputes, free speech claims and Article 10 defences
Defendants in high‑profile cases have relied on free‑speech arguments invoking Article 10 of the European Convention on Human Rights; reporting shows such defences have been raised in post‑2018 cases and during the 2024 unrest controversies [5]. Sources show debate between victim‑protection advocates and free‑speech critics, and note that courts continue to balance Article 10 against the state’s duty to prevent disorder and protect targeted groups [4][5].
7. Limits of available reporting and where questions remain
Available sources document the statutory instruments, Scotland’s 2024 commencement and the Online Safety Act’s role in platform duties, but they do not provide a comprehensive catalogue of every charge in every local prosecution in 2024; granular case lists and prosecutorial charging decisions are not included in the materials supplied (not found in current reporting). The sources also reflect contesting agendas: governments and victim advocates emphasise public protection [1], while civil‑liberties commentators warn of chilling effects [8][3].
Readers should therefore understand 2024 prosecutions for online hate in the UK as the product of multiple criminal offences (Public Order Act‑type stirring‑up provisions, communications offences such as section 127, aggravated‑offence sentencing rules), a new Scottish statute in force from April 2024, and regulatory pressure on platforms under the Online Safety Act 2023—all operating within an active public debate about free expression and enforcement priorities [2][1][3][4].