In a stark illustration of the extent to which speech is being criminalized, UK police have investigated a nine-year-old for calling a classmate a “retard.” Similarly, two secondary schoolgirls were recorded for a “hate incident” after telling a peer they smelled “like fish.” Such schoolyard spats, though certainly impolite, are now categorized as “non-crime hate incidents” (NCHIs), highlighting the increasingly absurd measures authorities are taking to regulate speech.

This issue isn't confined to Britain. Across Europe, countries like Germany and France are witnessing similar trends where legitimate criticism, expressions of frustration, and even childish insults are being criminalized, raising serious concerns about free speech and government intrusion.

Children Targeted in Speech Regulation Efforts

Freedom of information requests have shown that children are among the thousands being investigated for NCHIs. These incidents are being documented despite guidelines indicating they should only apply to actions “clearly motivated by intentional hostility” and posing a genuine risk of escalating into significant harm or criminal acts.

Recording incidents like these—mere schoolyard chatter—defies common sense. It diverts police resources and sets a dangerous precedent where innocuous, though inappropriate, comments are treated as legal matters.

A Concerning Trend Across Europe

The UK is not alone in its trend of speech policing. In Germany, citizens have faced raids for sharing memes critical of government officials. In France, protests against corruption and mismanagement have been met with accusations of “hate speech” and severe crackdowns. Across these countries, legitimate expressions of dissent or criticism are increasingly being categorized as criminal or near-criminal behavior.

Critics argue that this isn’t about protecting marginalized groups—it’s about quelling dissent. Governments are using the pretext of combating hate to suppress criticism of their own incompetence, corruption, and failure to tackle genuine problems.

The Real Cost of Criminalizing Speech

The absurdity of policing schoolyard remarks is evident, especially when crime rates in parts of Europe are rising, and law enforcement budgets are stretched thin. Time and resources spent documenting playground disputes or social media posts could be more effectively used to address serious offenses.

Furthermore, this trend undermines democratic principles. Free speech, even when offensive, is crucial for holding governments accountable. Criminalizing words—especially those far from genuine hostility—stifles public debate and discourages dissent.

A Slippery Slope for Free Expression

The broader ramifications of these policies must not be overlooked. Today, a nine-year-old is logged for a careless remark; tomorrow, it could be any citizen expressing legitimate criticism of government policies. Where does it end?

Criticism, even harsh criticism, is vital in a functioning democracy. It ensures transparency, accountability, and the ability to challenge authority. Treating schoolyard comments or political memes as hate incidents undermines these values and paves the way for widespread surveillance and repression.

The Need for Change

The rise of NCHIs across Europe calls for a reevaluation of these policies. Law enforcement should not be tasked with monitoring thoughts or feelings. Guidelines must be clarified to prevent the recording of incidents that are trivial, subjective, or clearly not motivated by deliberate hostility.

European governments must also stop conflating legitimate criticism with hate speech. While hate speech laws should target genuine incitement to violence, they are increasingly misused to silence dissent and shield political elites from scrutiny.

Protect Free Speech, Focus on Real Crimes

The examples of the nine-year-old and the schoolgirls underscore the absurdity of current policies. Policing speech this way not only squanders resources but also erodes public trust in government and law enforcement.

Europe must draw a line and reassert the importance of free expression. Without it, democracy itself risks becoming little more than a hollow shell, where citizens are too afraid to speak their minds for fear of repercussions.