Freedom of expression and respectful discourse: Guidance for political candidates and parties

1. Our society is built on the fundamental values of democracy, human rights, equality, liberty and the rule of law. The effectiveness of our democracy depends on freedom of expression and open and robust discourse in which all members of society can participate. Political parties and candidates must be free to engage in and promote discussion and debate - even where others do not agree with, or even take offence at, the views expressed.

2. Equality and human rights laws in Great Britain protect these principles. Political speech and debate on questions of public interest are strongly protected by the European Convention on Human Rights (ECHR). While there are some Equality Act duties on political parties, they are relatively limited. This means that political parties and candidates enjoy great latitude in exercising their right to freedom of expression.

3. This protection means that political discourse in Great Britain, particularly in the run-up to elections, can be a way through which new, challenging, and sometimes contentious ideas are debated and tested at a local and national level. The positions of authority and influence held by parties and candidates means that not only can they express their own ideas, but they can also play an important voluntary role in creating the conditions for broad democratic participation and respectful discourse. Elections provide a particular opportunity to consider how we can protect and uphold the right to freedom of expression for everyone in society. People from all backgrounds and with a range of views are equally free and empowered to contribute to the debate.

4. This guidance covers two areas for candidates and parties to consider in the run-up to elections:

• recommendations and principles for respectful discourse and fostering good relations
• legal considerations and limits to freedom of expression in law

5. When you are convening discussions or engaging in political debate and discourse, both in-person and in online forums such as social media, you should consider steps you can take to create an environment where people who disagree with each other feel comfortable and confident to exercise their right to freedom of expression without fear of hostility, harassment or abuse. 

6. You should be aware that the use of alarming, distressing and/or threatening conduct including abusive or insulting language can be a criminal offence. Conduct which does not meet the criminal threshold may still have an impact on individuals’ ability to exercise their right to freedom of expression.

7. You should carefully consider the potential impacts of referring to groups of people who share a protected characteristic, such as those of a particular race or disabled people, in a way which is derogatory.

8. We strongly recommend that you avoid, wherever possible, stating or implying that people who share a protected characteristic also share a particular negative trait, or are collectively to blame for a specific social problem. This can lead to stereotyping of certain groups and we have seen some evidence that political events such as the European Union (EU) referendum can lead to spikes in racially or religiously motivated offences. [1] It can also have a ‘chilling effect’, where people from these groups feel afraid to engage in debate.

9. We also recommend that you do not denigrate opponents based on their protected characteristics. MPs and elected officials already suffer unacceptable levels of harassment and abuse, particularly online. Focusing on their protected characteristics, rather than their political views and positions, can exacerbate this. This harassment and abuse can deter people from standing for office or expressing sincerely held views.

10. Freedom of expression is a qualified right. This means that there are certain very specific reasons or circumstances where limitations on speech can be made by law, for example for the prevention of disorder or crime, or for the protection of the reputation or rights of others.

• Criminal law: Both candidates and political parties are subject to the criminal law in respect of incitement to racial or religious violence or hatred, verbal assault, and other unlawful conduct.
• ‘Hate speech’: ‘Hate speech’ is described by the UN [2] as “communication [...], that attacks or uses pejorative or discriminatory language with reference to a person or a group on the basis of who they are, in other words, based on their religion, ethnicity, nationality, race, colour, descent [or] gender”. This is not a term defined in law in the UK. However, some behaviour which may be understood or described as ‘hate speech’ is likely to be unlawful. This includes forms of expression which encourage or incite violence, hatred or discrimination against other persons and groups, particularly by reference to their:
  • ethnicity
  • religious belief
  • gender or sexual orientation
  • language or national origin
  • immigration status

If a crime is perceived to be motivated by prejudice or hostility based on a person’s disability, this could exacerbate the seriousness of the offence.

11. Like the right to freedom of expression, the right of each person to be protected from discrimination and violence are fundamental human rights. [3] You are likely to be breaking the law if your expression seeks to incite violence, hatred or discrimination against others. [4] [5]

• Equality Act: The Equality Act 2010 created some legal duties on political parties. In these circumstances, discrimination, harassment and victimisation (for example, against members or prospective members of parties) is illegal. Please refer to our guidance on Equality and Human Rights Law during an Election Period for more detail on when and how political parties, local authorities, public officials and candidates are covered by equality law.

12. All parties should make clear in their party rules that elected representatives must not discriminate against protected characteristic groups [6] in the way they represent the interests of all their constituents.

13. Parties should also ensure that, where complaints of any unlawful conduct are made against party members, they are promptly and thoroughly investigated. Those who are found to have failed to meet these expectations should be subject to appropriate disciplinary procedures, according to party rules.

[1] EHRC, Equality and Human Rights Monitor 2023, page 193: ‘Sudden increases in racial or religiously motivated offences have been seen around major political or terrorist trigger events, including the EU referendum, July 2017 terrorist attacks and the Black Lives Matter protests and counter-protests in summer 2020’.