London Daily

Focus on the big picture.
Friday, Mar 06, 2026

‘Gender critical’ ex-cop wins free speech judgment

‘Gender critical’ ex-cop wins free speech judgment

A former police officer has scored a legal victory over a UK police policy that records “gender critical” views as “non-crime hate incidents,” after a court ruled it unlawfully interferes with the right to freedom of expression.

In January 2020, Harry Miller was visited by former colleagues at Humberside Police after a member of the public complained about his allegedly “transphobic” tweets. The complaint was designated as a non-crime hate incident and recorded on a national database.

On Monday, however, the Court of Appeal in London ruled that the guidance – issued by the College of Policing – had been unlawfully used, and noted it’d had a “chilling effect” on Miller’s freedom of speech. The presiding judges also found that, while the guidance had legitimate crime prevention purposes, those aims could be met through less intrusive means.

Following the verdict, Miller said that being offensive was one of the “cornerstones of freedom” and that it “is not, and cannot, and should not be an offence” unless “speech turns to malicious communication or targeted harassment against an individual.”

According to the guidance on hate crimes, a ‘non-crime hate incident’ can be “any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice.”


The complaint against Miller was in relation to a number of his tweets about transgender issues as part of the debate about reforming the Gender Recognition Act 2004. In one tweet, he reportedly wrote, “I was assigned mammal at birth, but my orientation is fish. Don’t mis-species me.”

Last year, the High Court had upheld Miller’s challenge against Humberside Police’s actions, ruling that they were a “disproportionate interference” with his right to free expression. However, it dismissed his case against the guidance on the grounds that it “serves legitimate purposes and is not disproportionate.”

However, Justice Victoria Sharp said on Monday that the “recording of non-crime hate incidents is plainly an interference with freedom of expression” and that the “knowledge that such matters are being recorded and stored in a police database is likely to have a serious ‘chilling effect’ on public debate.”

"Mr Miller belongs to a group of people who could easily be stigmatized for their opinions and be subject to complaints by those offended by his views."


After the ruling, Assistant Chief Constable Iain Raphael of the College of Policing said it had tried to strike a balance “between the need to protect vulnerable people and communities from harm with the need to facilitate and protect freedom of speech.”

Newsletter

Related Articles

0:00
0:00
Close
Iceland Supermarket Drops Trademark Challenge Against Icelandic Government in Long-Running Naming Dispute
UK Defence Secretary Visits Cyprus Following Scrutiny of Britain’s Response to Drone Attacks
Questions Grow Over Britain’s Military Readiness as Response to Iran Conflict Draws Scrutiny
UK Offers Failed Asylum Seeker Families Up to Forty Thousand Pounds to Leave Voluntarily
Saharan Dust Could Bring ‘Blood Rain’ to Parts of the UK as Weather Systems Shift
UK Deploys Additional Typhoon Fighter Jets to Qatar and Helicopters to Cyprus Amid Rising Middle East Tensions
Experts Urge Britain to Accelerate Renewable Energy Push as Global Conflicts Drive Up Costs
British Public Shows Strong Reluctance to Join Wider War in Iran
First UK Evacuation Flight Departs Middle East After Lengthy Delay
United Kingdom Imposes New Visa Requirements on Travelers from St. Lucia and Nicaragua
Iran Conflict Strains U.S.–U.K. Alliance as Trump and Starmer Clash Over Military Strategy
UK Interest Rates Could Rise Above Four Percent Again if Energy Shock Continues, Think Tank Warns
Starmer Defends Britain’s Iran Strategy as Badenoch Urges Stronger Military Support
Labour MP Says She Saw No Sign Husband Broke Law After Arrest in China Espionage Investigation
UK Jobless Rate Overtakes Italy’s for First Time in Years as Labour Market Weakens
United Kingdom Suspends Student Visas for Four Countries in Unprecedented Immigration Move
Campaigners Warn UK Student Visa Ban Could Push Migrants Toward Dangerous Channel Crossings
First U.K. Charter Flight for Stranded Nationals Set to Depart Oman Amid Middle East Crisis
France and United Kingdom Deploy Warships to Eastern Mediterranean as Middle East Conflict Escalates
U.K. Arrests Three Men Including Lawmaker’s Partner in Suspected China Espionage Investigation
Trump Says UK–US ‘Special Relationship’ Is Diminished Amid Middle East Dispute
UK Economic Forecasts Face Fresh Strain from Middle East Conflict and Rising Energy Costs
UK Reaffirms Close US Ties After Trump’s Public Criticism
Reeves Stresses Stability and Fiscal Discipline in UK Budget Update as Growth Outlook Shifts
UK Deploys Royal Navy Destroyer HMS Dragon to Cyprus After Drone Strike on RAF Base
Green Party Surges Past Labour in New UK Poll as Traditional Party Support Crumbles
Majority of Britons Oppose U.S. Use of UK Military Bases in Iran Conflict
UK Intensifies Evacuation Efforts from Oman, Working with Airlines to Boost Flight Capacity
Trump Condemns UK and Spain in Unusually Sharp Rift Over Iran Military Action
Trump Repeats UK Claims That Diverge from Verified Facts Amid Diplomatic Strain
UK Arrests Prominent Figures Linked to Epstein Network as Questions Mount Over US Action
Trump Says UK ‘Took Far Too Long’ to Approve Use of Airbases for Iran Strikes
Scope of Britain’s Role in the Expanding Middle East Conflict Comes Under Scrutiny
Trump Says He Is ‘Very Disappointed’ in Starmer Over Iran Comments
U.S. Embassy in Riyadh Struck by Drones Amid Escalating Iran Conflict
Starmer Confronts Strategic Test After Drone Strike Near British Base in Cyprus
Rolls-Royce Chief Signals Openness to Germany Joining UK-Led Fighter Jet Programme
UK Stocks Slip as Escalating Iran Conflict Triggers Global Market Selloff
UK Overhauls Asylum System to Make Refugee Status Temporary
Starmer Warns of ‘Reckless’ Iranian Strikes Amid Escalating Regional Tensions
British Base in Cyprus Targeted as Drones Intercepted Amid Expanding Iran Conflict
Starmer Diverges from Trump on Iran Strategy, Rejects ‘Regime Change from the Skies’
U.S. and Israel Intensify Strikes on Iran as Conflict Expands to Lebanon and Gulf States
Violent Pro-Iranian Protesters Storm U.S. Consulate in Karachi
Missile Debris Sparks Fires at Dubai’s Jebel Ali Port Near Palm Jumeirah
Iran Strikes U.S. Fifth Fleet Headquarters in Bahrain Amid Wider Gulf Retaliation
When the State Replaces the Parent: How Gender Policy Is Redefining Custody and Coercion
Bill Clinton Denies Knowing Woman in Hot Tub Photo During Closed-Door Epstein Deposition
Former U.S. President Bill Clinton Testifies on Ties to Jeffrey Epstein Before Congressional Oversight Committee
Dyson Reaches Settlement in Landmark UK Forced Labour Case
×