The Network for Police Monitoring have published a guide which outlines what the law allows people to do and say about Palestine Action in the event that it is proscribed as a terrorist organisation in the coming week.
The government’s decision to list Palestine Action as a proscribed group, banning them as a terrorist organisation, is being rushed through Parliament.
Netpol’s “In Our Millions” report documents the crackdown on pro-Palestine campaigning from October 2023–May 2024, and highlights several previous instances of police using counter-terror powers to target activists.
It will be subject to a legal challenge, but legal action will take time; however, the ban on Palestine Action will have an immediate impact on the movement once it comes into force.
Currently, we understand that the House of Commons vote on proscribing Palestine Action will take place on Wednesday 2 July and the government is seeking to have the ban in place by 4 July.
Counter-terrorism laws give the police wide-ranging and poorly defined powers, leaving a lot of room for police to use their discretion and abuse their power.
We don’t know yet exactly how this ban will be enforced in practice, but the policing situation is likely to be heightened and unpredictable as police test the limits of their powers.
Subscribe to our newsletter and stay updated on the latest news and updates from around the Muslim world!
The ban is a political move intended to shut down solidarity campaigns by criminalising support for Palestine Action, and the widespread confusion about what the ban will mean in practice is intended to have a chilling effect on protest around the ongoing genocide.
Experience of previous counter-terror policing tells us that these powers are typically used in an overtly racist and Islamophobic way, and that, because there is so much discretion allowed to police about what constitutes an “expression of support” for a proscribed organisation, these powers tend to be applied unevenly and unpredictably.
This guide sets out what the law says about support for proscribed organisations, what the possible criminal offences connected with it are, and answers some common questions about the use of these powers.
What does the law say?
The Terrorism Act 2000 defines what the law sees as terrorism, which includes not only acts of (or the threat of) serious violence against people but also serious damage to property which is “designed to influence the government, or an international governmental organisation or to intimidate the public.”
As well as detailing specific terrorist offences, the Terrorism Act allows the Home Secretary to “proscribe” (ban) certain groups as terrorist groups, making membership and support for them illegal.
It then becomes a specific crime to support them, regardless of whether you have or intend to commit acts of violence or property damage.
If Palestine Action are made a proscribed organisation, it will become an offence to:
- be a member of or say you are a member of Palestine Action (Section 11 Terrorism Act 2000).
- invite support for Palestine Action or arrange/attend an event in support of Palestine Action (Section 12, Terrorism Act 2000).
- to express an opinion or belief that supports a proscribed organisation, where the person is reckless as to whether the expression will encourage others to support the organisation (Section 12 Terrorism Act 2000). For instance, directly expressing your support for Palestine Action on social media or giving a speech saying you aren’t a member but you think that they have run effective campaigns could constitute an offence. “Reckless” in this context means that the person doing it is aware of a risk that their expression could encourage support for Palestine Action, and it is unreasonable for them to take that risk.
- wear clothing or carry articles in public which arouse reasonable suspicion that an individual is a member or supporter of Palestine Action (Section 13, Terrorism Act 2000). This will include, for instance, wearing a Palestine Action t-shirt or having stickers with their logo on.
- Publish an image of an item or logo that may arouse reasonable suspicion that an individual is a member or supporter of Palestine Action (Section 13, Terrorism Act 2000). This means that sharing a photo of yourself in a Palestine Action t-shirt or sharing their logo on your social media could constitute an offence.
- fundraise for, give money to, or hold funds intended for Palestine Action (Section 15 Terrorism Act 2000).
- All of the above can relate to things you’re doing “in the real world” and online (e.g. on social media, in public message threads).
However, none of these offences can be applied retrospectively. You cannot be prosecuted under counter-terror legislation for anything you did before Palestine Action becomes proscribed, and it it not illegal to have supported them or fundraised for them in the past.
What are the penalties?
- If you’re arrested under counter terror powers police can detain you longer than the standard maximum of 24 hours, and can keep you in custody for up to 14 days. However, this applies only if they suspect you of an actual violent terrorist offence, it doesn’t apply to being a supporter or member of a proscribed group.
- The penalties for most proscription offences are a maximum of 14 years in prison and/or a fine if you’re tried in a Crown Court (used for more serious offences), or a maximum of 6 month in prison and/or a fine if your case is deemed less serious and dealt with in a Magistrates Court.
Can I still talk about Palestine Action? Are there any exceptions to these rules?
There is an exemption in the law, which is intended to protect people who are challenging the ban.
While it does not protect you from prosecution for any type of campaigning against the ban, Section 10 of the Terrorism Act 2000 applies to things you may do in relation to an application to the Secretary of State to de-proscribe an organisation, things done in relation to proceedings before the Proscribed Organisations Appeal Commission, or things you may do in relation to a further appeal to the Proscribed Organisations Appeal Commission.
That means you can disagree with the proscription and talk about the official process to challenge it.
However, you still need to consider whether your expression is “reckless as to whether the expression will encourage others to support the organisation”, and it will still be a crime to generally post positive messages about Palestine Action or to share their logos and imagery.
Can I continue fundraising for Palestine Action?
You won’t be able to legally fundraise for Palestine Action or transfer funds to them after the ban takes effect.
The assets of people associated with a proscribed organisation may be seized and bank accounts can be frozen.
If you have a crowdfund appeal for particular defendants awaiting trials (or you are a defendant yourself), you will need to review the text of your appeal to assess whether it might be perceived as “reckless” in encouraging others to support a banned organisation. Crowdfunding platforms may, in any event, adopt an extremely risk-averse approach to this kind of appeal.
Can I keep wearing my Palestine Action stickers/ t-shirts / posting about them on social media?
Legally, this is expressing support and will become a potential crime in the view of the police. We don’t know how closely this will be enforced.
Should I delete old timeline posts if I have shared Palestine Action content in the past?
This cannot be applied retrospectively, meaning nothing you did to support Palestine Action before the ban was in place is criminalised under these laws. However, we advise everyone to exercise caution when posting about campaigning on social media – remember that anything you post on social media or public message threads can and may be seen by police as part of online intelligence gathering.
Could I be under suspicion or surveillance?
Designating crimes as having a terrorism connection means that police can channel extra resources into investigating them. If you’re concerned, don’t forget to take some basic security steps, such as setting up your phone and devices with encryption to protect your privacy.
Netpol also have resources about your rights if the police raid your home, and some advice for people travelling internationally who are worried they may be subject to a Schedule 7 stop at the border.
If you are concerned about protecting yourself from intrusive police surveillance, Netpol has produced a series of short, practical guides at solidarity.netpol.org
