A student downloads an al-Qaida document from a US government website and is held in custody for six days. A shop assistant writes poems about cutting people's heads off and is tried for being a terrorist. An opera composer is accused of promoting terrorism, objects, and is bankrupted by a national newspaper.
What do these cases have in common? First, none of these people was successfully convicted of any crime. Second, none of them faced charges under the glorification clause of the Terrorism Act 2006. Third, they would not have been arrested and/or tried and/or bankrupted had it not been a climate of opinion created by that clause.
During the long battle between the Lords and Commons over its wording, ministers pooh-poohed critics' concerns that works of fact or fiction might be vulnerable to prosecution, assuring them that the good sense of British juries would prevent prosecutions of histories of the Stern gang, biographies of Nelson Mandela or novels, plays or poems about terrorists today.
Those of us who expressed such concerns pointed out that we had been here before. No one was prosecuted under the Conservative government's criminalisation of the promotion of homosexuality by local authorities. But that kneejerk legislation undoubtedly had results: it contributed to growing homophobia, it created a climate in which teachers were nervous about combating it, and it made local authorities jumpy about (for example) allowing theatre shows with gay themes or characters into schools .
What do these cases have in common? First, none of these people was successfully convicted of any crime. Second, none of them faced charges under the glorification clause of the Terrorism Act 2006. Third, they would not have been arrested and/or tried and/or bankrupted had it not been a climate of opinion created by that clause.
During the long battle between the Lords and Commons over its wording, ministers pooh-poohed critics' concerns that works of fact or fiction might be vulnerable to prosecution, assuring them that the good sense of British juries would prevent prosecutions of histories of the Stern gang, biographies of Nelson Mandela or novels, plays or poems about terrorists today.
Those of us who expressed such concerns pointed out that we had been here before. No one was prosecuted under the Conservative government's criminalisation of the promotion of homosexuality by local authorities. But that kneejerk legislation undoubtedly had results: it contributed to growing homophobia, it created a climate in which teachers were nervous about combating it, and it made local authorities jumpy about (for example) allowing theatre shows with gay themes or characters into schools .