R (Lynsay Watson) v The Chief Constable of Greater Manchester Police [2025] EWHC 954 (Admin)
Summary
A challenge to the police’s decision not to take further action on Watson’s complaint about social media posts made by Campbell, which Watson alleged were criminally offensive. The posts were related to the murder of Brianna Ghey, a transgender girl, and included comments perceived as misgendering and offensive by Watson and others.
The police concluded that the posts did not meet the threshold for criminal prosecution under the Malicious Communications Act 1988 or the Communications Act 2003, as they were not “grossly offensive” and were protected under Article 10 of the European Convention on Human Rights, which safeguards freedom of expression.
The court upheld this decision, emphasising the importance of context and the right to free speech, even when the speech is offensive or controversial.
The police concluded that the posts did not meet the threshold for criminal prosecution under the Malicious Communications Act 1988 or the Communications Act 2003, as they were not “grossly offensive” and were protected under Article 10 of the European Convention on Human Rights, which safeguards freedom of expression.
The court upheld this decision, emphasising the importance of context and the right to free speech, even when the speech is offensive or controversial.