Banned: school librarians shushed over LGBT+ books

In a secondary academy in England, a librarian is putting books into a box. Just moments before, they were proudly on the shelves, rainbow flags waving across their covers and words such as “queer” and “trans” shouting from their titles.

Now they are being sealed beneath cardboard and packing tape, the flags furled and titles whispered.

Emma, not her real name, was asked to remove every book with LGBT+ themes from her school library in 2023. She was given little information about the sudden need to purge the library of this content. She knew only that one parent had made one complaint about one book.

The pupils asked her where the books had gone.

“I can scarcely believe that because one book was challenged, the whole collection was removed,” she told Index.

The books were hidden from sight and, although most have now been returned to the shelves, a handful of them have permanently vanished.

Since the incident, Emma has felt nervous about buying particular books for the library, a huge departure from the initial excitement she had for creating an inclusive and diverse collection. She tentatively bought a copy of the most recent Heartstopper book – a British LGBT+ graphic novel series about young people coming of age – but has found excuse after excuse to avoid putting it in the library. She wanted to buy The Fights That Make Us, but knew that the Pride flag emblazoned on the cover would be a step too far.

“I feel frightened, intimidated,” she said.

For Emma, the only explanation for the books’ removal is an underlying homophobic attitude in the school, which she says has a Christian ethos (although it is not a faith school). A single complaint led to sweeping censorship.

Emma’s experience is just one of many that have come to light during our investigation into book censorship in British school libraries. It was prompted by a comment from author Juno Dawson – the third most censored young people’s author in the USA – who told Index in 2023 (Index vol 52.3 p66) that she had no idea whether her books were censored in the UK.

Since our interview with Dawson, we have spoken to numerous school librarians, talked to bodies which support them, sent out surveys and filed Freedom of Information requests to try to answer two questions: Are people trying to ban books in UK school libraries? And if so, are they succeeding?

In an Index survey of UK school librarians, 53% of respondents said they had been asked to remove books, with more than half of those requests coming from parents.

Of those, 56% removed the book or books in question. Titles included This Book Is Gay, by Juno Dawson; Julián is a Mermaid, by Jessica Love; and the alphabet book ABC Pride, by Louie Stowell, Elly Barnes and Amy Phelps, as well as plenty of other titles featuring LGBT+ content.

Manga comic books were removed in some schools because of the perceived sexualisation of characters, other books following complaints about explicit or violent content.

Books challenged in several schools – but ultimately not removed – included various Heartstopper books by Alice Oseman, which were accused of homophobic language, swearing and self-harm discussions. Young adult fiction also came under fire in many schools, with librarians usually able to hold firm in keeping their collections.

One was asked to remove a book for “racism against white people”. They did not comply with the request.

Our overall sample was small. Only 53 school librarians took part in the survey which we distributed via the Chartered Institute of Library and Information Professionals (CILIP), the School Library Association (SLA) and on a school librarians Facebook page. But it is not the only evidence we collected. We heard plenty of anecdotal accounts from librarians and the organisations that represent them. A CILIP survey in 2023 found that a third of librarians in public libraries had also been asked to remove books. Even more worryingly there seems to be a lot of self-censorship – librarians not supplying books for fear of coming into conflict with parents and senior staff in religious schools or those thought to have a religiously conservative student body.

Alison Tarrant is chief executive of the SLA, which helps UK schools to develop their libraries. She said her organistation was aware of attempts to censor school libraries, and that the concern was on the minds of members.

“I doubt this is a new phenomenon. And it’s probably been going on for as long as school libraries have existed,” she said. “I wonder whether it’s a symptom of the more polarised society that we’re living in now, and that’s why things have got stronger.”

Recent conversations around book bans have been heavily focused on the USA, where the American Library Association’s (ALA) latest report shows that requests for bans of unique titles increased 65% in 2023 from the previous year.

That’s 4,240 different books being targeted.

There’s a reason we know all this – the data is being collected.

In the UK, there is no equivalent to the ALA list. Stories of library censorship occasionally bubble up, but only when the story is interesting enough to hit the media.

Almost every school librarian who spoke to us wanted to remain anonymous, as they were concerned about losing their jobs if they spoke out. We’ve changed their names and left out other identifying details of their stories.

But there was one who was happy to put her name to her words, as she has done before. The first time Alice Leggatt spoke out on censorship, she wasn’t given a great deal of choice, as the story surrounding the school she was then at hit the media.

Outside influence

Leggatt had been working at The John Fisher School, a Catholic boys’ school in Purley, London, for around nine months. She loved the school, and felt it was going to great lengths to be inclusive, although she now reflects that more traditional members of staff and the archdiocese were less progressive.
When she booked children’s author Simon James Green to give a talk in March 2022, she never imagined it would cause a problem. She sent a letter home to parents about how they could buy Green’s books ahead of the visit if they wished to do so, also noting that the event would continue on from LGBT+ History Month celebrations and mark World Book Day.

“Somehow, that letter made its way to a blog that was posted in Scotland – quite a far-right Catholic blog,” Leggatt told Index.

That blog was Catholic Truth Scotland, which is now accessible only through web archives. It published Leggatt’s letter, along with a call for the event to be cancelled and details of who to contact.

The anonymous blog editor described Leggatt’s letter as shameful and the event as scandalous, writing: “Cancel culture is all the rage now, so let’s not waste time in following this ‘fashion’; this is a very serious matter and I’ve already heard the opinion expressed by one parent that for any Catholic school to organise such a blatant promotion of the LGBT+ ‘lifestyle’ is tantamount to child abuse.”

The school chaplain sent letters to parents encouraging them to boycott. According to Leggatt, some parents withdrew their children from the talk, although others sent supportive messages.

“And then it came out that the diocese that week had instructed the school to cancel,” Leggatt said. The school refused.

The governing body held an emergency meeting on the Saturday preceding the Monday event, where they voted to continue with the visit. And then the situation stepped up a gear.

“On Sunday evening, I got the call from my manager to say that the diocese had fired the entire governing body,” Leggatt said. The visit was cancelled.

“I think it was a shock to many of us that the diocese used that power and did in fact have that power.”

A joint statement came out from the SLA and CILIP, and school staff went on strike. But the visit did not go ahead.

Schools watchdog Ofsted visited the school for a snap inspection and its report criticised the archdiocese’s attempts to remove the school governors and praised the headteacher for his handling of the events.

In an article in our summer 2024 magazine, out now, Green describes how the debacle impacted him as an author.

“I know from other librarians who work in faith schools that the behaviour of that archdiocese was considered to be unusual. Generally, there’s a kind of softly, softly approach to these kinds of things,” said Leggatt, who left the school. And with other books in the library dealing with much more challenging topics – such as teen pregnancy and drugs – the only issue around Green’s books, as far as she saw it, was gay relationships.

“What I’ve since found really interesting, looking at the progression of what happened, is how closely it mirrors what is happening in the USA,” she said. “It was the same arguments, the same shifting goalposts, and the fact that the initial complaint came from a group completely unconnected to the school.”

As one of the only named censored school librarians in the public sphere, other librarians have contacted Leggatt about their own brushes with censorship. She says around 20 people have told her their experiences, and all the issues have stemmed from books about sex and gender. Something that often connects these stories, she says, is that everything is quickly hushed up. Experienced librarians are telling her that this is a new phenomenon, unlike anything they’ve seen before.

And she is also concerned about self-censorship because librarians are nervous. Some 89% of respondents said they were at least a little worried about the potential for censorship in our survey with 30% saying they worried a lot.

A series of minor acts

Green’s very public cancellation is not the only censorship that has happened in school libraries. One librarian told Index that in a private school with a Christian ethos, a senior member of staff removed all Philip Pullman books without explanation. When pupils asked her where they could find His Dark Materials, she trotted out the line that the school didn’t have them.

“It made you feel disempowered,” she said, adding that she felt that the knowledge and experience she held as a librarian was disregarded. “At the time I needed that job and wasn’t in a position to ruffle any feathers.”

Louise, who works in a library service providing books to a range of schools, was asked by one to swap books with LGBT+ representation for different titles. Although she didn’t want to, she was left with no choice but to comply.

She described how she worked in a predominantly Muslim area, where senior staff were not from the same background, and took pro-active steps to avoid confrontation.

“We’ve all seen what happened in Birmingham,” she said, referring to the months-long protests outside a primary school in 2019 against the teaching of LGBT+ relationships. “No one wants to be like that school.”

At some schools, she doesn’t bother offering particular books in the first place. “If I’m buying for a school, I have to consider carefully how much the headteacher will back me,” she said.

“Over here in the UK, it’s soft censorship. It’s easy in the USA – they have this handy list.”

Amy lost a job over her refusal to censor a book which was perceived to be about LGBT+ issues. At first, the headteacher told her a couple of parents had complained about the book, and then came a written complaint from a conservative Muslim family. Amy argued that talking about equality was part of her remit as a librarian, and that the school should not assume the rest of the Muslim community would have the same reaction.

She was blamed for the upset, and for making the book available. She was asked to leave.

“What I draw the line at is when that school says that no child can see that book because one parent has written a complaint,” she said.

She was supported by senior members of staff and others, but she lost her position regardless.

In another school, a parent suggested that a specific book be restricted to older children, and Amy was happy to oblige. But the decision was made that the book should be removed completely.

“It seems that when it comes down to it, if a parent complains, the book’s gone,” she said.

Another anonymous school library service worker, who we’ll refer to as David, said that his organisation received complaints about LGBT+ content from all faiths, and explained that while headteachers were generally supportive, they haven’t got the tools to formulate a defence.

He told Index that policies from groups such as CILIP and the SLA made no impact without a supportive school, describing a landscape where headteachers wanted to take the path of least resistance to shut down complaints. That usually means censorship.

“It’s a very small minority of parents, sometimes just one or two, who want to kick up a fuss because they basically say for whatever reason, whether it’s personal, social or religious, ‘I don’t want my child accessing this content’.

“And it’s trying to get that message out saying, ‘OK, you don’t want your child accessing this content, but you can’t shut it down for everyone else,’” he said.

“I think people are worried about upsetting certain groups,” he said, explaining how there are some Muslim and Christian parents in his area who don’t want their children exposed to LGBT+ characters. But, he stressed, these groups are not homogenous.

“We haven’t even got a central government that’s going to address this,” David said, speaking in April 2024 before the election was called. “What we’ve got is a political climate where they’re stoking these fires.”

He described a librarian he knows in a private school who is handing out “off-the-record loans” from a back cupboard.

“There’s nothing inappropriate. It’s just stuff that they know the parents will disagree with,” he said. In another private school, a parent tried to get a librarian sacked because their child had been reading an LGBT+ book.

In some cases, the censorship is more subtle. The SLA told Index that it has had reports of senior staff having a quiet word with librarians, telling them to keep particular books on the shelves but not to include them in displays.

“It also very much puts that librarian in a difficult position, because the children who need those books are only ever going to get them if they’re directly signposted to them,” the SLA’s Tarrant said.

Gwen works in a school library service, supporting around 420 schools. She said that most of the book challenges the service faced were from secondary schools, and were usually based on the label given to a book or its content.

On one occasion, when it was running a book award for Year 8 pupils (12 to 13-year-olds), it was challenged on the inclusion of some books, including one with a minor LGBT+ element. One secondary Catholic school decided not to give that book to its students.

That same school refused to have a book which promoted open conversation around menstruation.

“Probably more of the challenges may come in from our Catholic secondaries,” Gwen told Index. “And we still have some Catholic primaries who don’t have Harry Potter and books like that on their shelves.”

But, she explained, the service has a robust policy, and encourages schools to do the same. It also runs seminars on how to tackle censorship attempts.
“I think it’s just slight challenges,” she said. “I think parents are challenging schools more and more about lots of different things. So, it isn’t just censorship.”

Gwen isn’t as worried about censorship as some of the other library professionals we spoke to.

“I think it’s just so that we’re not leaving some poor, single-staffed library person to deal with any challenges that come in, that we give them all the tools to be robust in any answers,” she said.

As well as surveying librarians, Index sent out FOI requests to a selection of schools. One Catholic school in Coventry confirmed that its headteacher complained to the local school library service about a handful of books which contained “inappropriate language and didn’t support the Catholic ethos of the school”.

The four titles contained themes of crime and the supernatural. They were replaced with different books.

Another – a comprehensive boys’ school in London – told Index that a pupil had requested the removal of Salman Rushdie’s books, but that his request was refused.

The school library service in Milton Keynes works with primary schools. In response to an FOI request, it told Index that it had never had a book rejected by a school but had received negative feedback about a children’s picture book of Chaucer’s Canterbury Tales by Marcia Williams, owing to an abundance of “naked bottoms” and other bawdy content. It added: “It is also worth noting that it tends to be the faith schools that do have higher standards, or are more censorious,” later adding that it avoided sending books about witches and wizards or with anti-faith themes to Catholic schools.

Several schools and school library services claimed they had not had book-challenge experiences. Many others failed to respond to the FOI requests.
Ofsted said it had found no evidence in inspection reports of censorship in school libraries since April 2021, although it also acknowledged that the automated search method meant this was not a guaranteed result.

A spokesman said: “It is for schools to decide what they include in their own curriculum, within the requirements of the law and the Department for Education (DfE).” He added that a good curriculum must ensure “that pupils understand, appreciate and respect difference in the world and its people, as well as engage with views, beliefs and opinions that are different from their own in considered ways”.

Nick Cavender, the chair of CILIP’s School Libraries Group (SLG), told Index that school librarians had always been aware of censorship.

“I don’t think we are at a stage where we can see any particular patterns,” he said. “But as professional librarians we need to bear in mind our duties to promote intellectual freedom and oppose censorship, while at the same time making sure that our collections meet the needs of our users – the school community.”

Top-down attitude

Like Leggatt, David said that every complaint he had heard, bar one, had stemmed from books with LGBT+ themes, and that it had escalated in the last couple of years. He said that the government’s attempt to ban gender identity discussions from sex education has had an impact on his conversations with schools.

“Some schools, for example, have said, ‘Well, we can’t have books that discuss LGBT characters, because that links to sex education, and therefore we can’t have that in primary schools’,” he explained.

While the USA has an organised system of book challenging, spearheaded by chapters of right-wing Christian groups and politicians, the librarians who spoke to Index haven’t seen anything particularly organised in the UK – although David does have concerns about the influence of agitator groups who protest drag queen story time in libraries, and he said they “seem to be getting their scripts from the American playbook”.

On online forums, book-banning sentiment is inseparable from the culture wars around sex and gender. In one Mumsnet thread, a user seeks guidance in drafting a complaint about the book She’s My Dad due to the links with gender identity, later adding: “I’m really looking for experiences and complaints about this book/author, and how to write to ask for it to be removed/immediately stopped being used until a parent consultation has gone ahead.”

There are dozens of replies. Some offer advice, others cry “inappropriate content”, and others argue that teaching the book is a political move.

The Safe Schools Alliance UK (SSA), a group which describes itself as “a grassroots organisation which campaigns to uphold child safeguarding in schools”, ran a review of Juno Dawson’s young adult novel Wonderland, beginning: “We had our ex-English teacher reviewer read it so that you – and your kids – do not have to.”

The review was less than favourable. Out-of-context scenes are plucked from the book, peppered with dismissal of protagonist Alice’s gender identity and accusations of “male sex fantasy tropes” and the “reckless statements Dawson plants in Alice’s mouth”.

Another group, Transgender Trend, which uses the strapline “No child is born in the wrong body”, has published a lengthy essay on “trans picture books for little children” and describes some of them as “militantly activist”.

A number of school librarians also told Index about FOI requests their schools had received.

They ask about LGBT+ material in their schools and whether those books are being used to “encourage the acceptance” of transgender identities. The feeling from librarians is that the FOIs are sent to be an agitation.

A censorship-free future?

Having worked in school libraries for a long time, David believes a recent uptick in complaints is related to the wealth of available LGBT+ material that wasn’t around before – a sentiment echoed by others.

He wants to see a top-down approach, a central message so that headteachers know they will be protected. Others want to see professional bodies taking the problem more seriously and libraries becoming statutory.

Many of the librarians who spoke to Index reported feeling on their own. Tarrant said the SLA had training and an advice line, but would also be reflecting, following Index’s investigation, to consider how it can increase support.

“I would urge anyone going through a situation to pick up the phone and call us or to reach out on socials,” she said.

Cavender said that CILIP members could also seek support from the SLG, adding: “It can be difficult as a school librarian as we work within schools and we have to be mindful of the culture and demographic of the school community. However, we still have obligations, such as under the Equalities Act 2010, to provide information for all our borrowers.”

There are mixed feelings from librarians on whether an ALA-style list of challenged books would help or hinder the UK’s fight against censorship.

Is it a way to shine a light on a growing problem or a ready-made list of targets for those who want to purge school libraries of particular material? For the SLA, a small national charity with six members of staff, the first problem with this approach would be the resources needed.

“I also think you’d have to have very careful consideration of what happened with that list afterwards,” Tarrant said. “I hesitate about inflaming the situation.”

She also worries about the wellbeing of authors who might find themselves on that list.

“It’s not to say that having one wouldn’t necessarily be helpful in terms of having some sort of data on how much it was going on,” she said. “But I’m not sure it’s a solution in and of itself.”

CILIP and the SLG’s position is to monitor the situation.Cavender said that having “a robust collection development plan can guide school librarians and it can help get school management on board”.

Tarrant said that the DfE position is for headteachers to make the best decisions for their schools, adding that as every school was different, there did need to be the ability to respond to local contexts. But that doesn’t help headteachers looking for advice.

In the meantime, many librarians are proactively fighting for the freedom to read. Some, Gwen explained, are looking at the lists of banned books coming out of the USA and actively choosing them for their libraries. David’s school library service puts together recommended reading, with a good cross-section of representation.

“We know that children are more likely to read if they’re reading about stories, and characters and situations, be they fact or fiction, which relate to them,”

Tarrant said. “It is about allowing all children to understand the world that they’re operating in, through imagination, through facts and through stories.”
School libraries shouldn’t be a battleground for cancel culture and librarians can’t be expected to deal with censorship by themselves. With a new UK government, it is an opportunity for Ofsted and those who represent teachers and librarians to demand an end to this pernicious practice.

Contents – The final cut: How cinema is being used to change the global narrative

Contents

The Summer 2024 issue of Index looks at how cinema is used as a tool to help shape the global political narrative by investigating who controls what we see on the screen and why they want us to see it. We highlight examples from around the world of states censoring films that show them in a bad light and pushing narratives that help them to scrub up their reputation, as well as lending a voice to those who use cinema as a form of dissent. This issue provides a global perspective, with stories ranging from India to Nigeria to the US. Altogether, it provides us with an insight into the starring role that cinema plays in the world politics, both as a tool for oppressive regimes looking to stifle free expression and the brave dissidents fighting back.

Up Front

Lights, camera, (red)-action, by Sally Gimson: Index is going to the movies and exploring who determines what we see on screen

The Index, by Mark Stimpson: A glimpse at the world of free expression, including an election in Mozambique, an Iranian feminist podcaster and the 1960s TV show The Prisoner

Features

Banned: school librarians shushed over LGBT+ books, by Katie Dancey-Downs: An unlikely new battleground emerges in the fight for free speech

We’re not banned, but…, by Simon James Green: Authors are being caught up in the anti-LGBT+ backlash

The red pill problem, by Anmol Irfan: A group of muslim influencers are creating a misogynistic subculture online

Postcards from Putin’s prison, by Alexandra Domenech: The Russian teenager running an anti-war campaign from behind bars

The science of persecution, by Zofeen T Ebrahim: Even in death, a Pakistani scientist continues to be vilified for his faith

Cinema against the state, by Zahra Hankir: Artists in Lebanon are finding creative ways to resist oppression

First they came for the Greens, by Alessio Perrone, Darren Loucaides and Sam Edwards: Climate change isn’t the only threat facing environmentalists in Germany

Undercover freedom fund, by Gabija Steponenaite: Belarusian dissidents have a new weapon: cryptocurrency

A phantom act, by Danson Kahyana: Uganda’s anti-pornography law is restricting women’s freedom - and their mini skirts

Don’t say ‘gay’, by Ugonna-Ora Owoh: Queer Ghanaians are coming under fire from new anti-LGBT+ laws

Special Report: The final cut - how cinema is being used to change the global narrative

Money talks in Hollywood, by Karen Krizanovich: Out with the old and in with the new? Not on Hollywood’s watch

Strings attached, by JP O’Malley: Saudi Arabia’s booming film industry is the latest weapon in their soft power armoury

Filmmakers pull it out of the bag, by Shohini Chaudhuri: Iranian films are finding increasingly innovative ways to get around Islamic taboos

Edited out of existence, by Tilewa Kazeem: There’s no room for queer stories in Nollywood

Making movies to rule the world, by Jemimah Steinfeld: Author Erich Schwartzel describes how China’s imperfections are left on the cutting room floor

When the original is better than the remake, by Salil Tripathi: Can Bollywood escape from the Hindu nationalist narrative?

Selected screenings, by Maria Sorensen: The Russian filmmaker who is wanted by the Kremlin

A chronicle of censorship, by Martin Bright: A documentary on the Babyn Yar massacre faces an unlikely obstacle

Erdogan’s crucible by Kaya Genc: Election results bring renewed hope for Turkey’s imprisoned filmmakers

Race, royalty and religion - Malaysian cinema’s red lines, by Deborah Augustin: A behind the scenes look at a banned film in Malaysia

Comment

Join the exiled press club, by Can Dundar: A personalised insight into the challenges faced by journalists in exile

Freedoms lost in translation, by Banoo Zan: Supporting immigrant writers - one open mic poetry night at a time

Me Too’s two sides, by John Scott Lewinski: A lot has changed since the start of the #MeToo movement

We must keep holding the line, by Jemimah Steinfeld: When free speech is co-opted by extremists, tyrants are the only winners

Culture

It’s not normal, by Nazanin Zaghari-Ratcliffe: Toomaj Salehi’s life is at the mercy of the Iranian state, but they can’t kill his lyrics

No offence intended, by Kaya Genc: Warning: this short story may contain extremely inoffensive content

The unstilled voice of Gazan theatre, by Laura Silvia Battaglia: For some Palestinian actors, their characters’ lives have become a horrifying reality

Silent order, by Fujeena Abdul Kader, Upendar Gundala: The power of the church is being used to censor tales of India’s convents

Freedom of expression is the canary in the coalmine, by Mark Stimpson and Ruth Anderson: Our former CEO reflects on her four years spent at Index

UK journalists fall victim to new police tactics

Two UK photo-journalists have recently been arrested while covering an ecological protest and a pro-Palestine demonstration, in the latter case prior to the protest even taking place. The arrests, which come despite the police having been reprimanded for a similar series of ‘unlawful’ arrests of journalists covering protest actions in 2022, have raised fresh concerns over heavy-handed police tactics targeting the press.

“Police over-reach poses real harms to the perception of journalists’ roles, particularly in public order situations, and therefore poses real risks to their safety,” National Union of Journalists (NUJ) general secretary Michelle Stanistreet told Index. “Of particular concern… are instances where the UK Press Card Authority press card has been shown to officers and been dismissed, where journalists have been arrested and the equipment they rely upon for their livelihood seized.”

Guy Smallman, a veteran photojournalist and NUJ member whose coverage of protest activity appears throughout the UK press, was arrested on 25 June for aggravated trespass while standing on what he says was a public footpath, covering an ecological protest at a boating lake near former Prime Minister Rishi Sunak’s Yorkshire residence. He has since been released on bail, with the police retaining £14,000 worth of camera equipment. He has not been charged.

“The police are using criminal powers which don’t apply to [journalists], vindictively harassing people like us for covering issues they find embarrassing,” Smallman said.

It’s not an isolated incident. Martin Pope, a British Association of Journalists (BAJ) member, spent 20 years working for the Daily Telegraph and has also contributed photography to The Guardian, The New Yorker and The Sunday Times. In April 2024, he was swept up in a pre-emptive arrest of protesters planning to target an arms company implicated in Israel’s ongoing war on Gaza. 

“Police came flying into the house,” he said, referring to the home of one of the protesters, where they had all gathered prior to the demonstration. “I identified myself as a journalist, but it didn’t make any difference.” 

As noted by both of the veteran photojournalists, who work as freelancers rather than being employed by a newspaper, their arrests suggest that lessons have not been learned following a controversy where police were forced to apologise for what they admitted were ‘unlawful’ and excessive arrests directed by senior officers, targeting journalists documenting Just Stop Oil protests, including LBC reporter Charlotte Lynch. 

Pope was himself previously arrested at the end of 2023 and held for 18 hours, before being released without charge. Police wrongly asserted that he was directly involved in the Palestine Action protest he was covering as a journalist.

When asked for comment on Pope’s latest arrest, Avon and Somerset police said: “The arrests were made with the purpose of attempting to prevent criminality… We fully appreciate the important role journalists have in documenting and reporting real-time events. Officers receive training to ensure the media are able to carry out their work fairly and without hindrance.”

North Yorkshire police did not respond to requests for comment on Smallman’s arrest. 

Both arrests point to a concerning new range of tactics being applied to journalists covering protest activity in the UK.

“It is right that journalists act on information shared by sources including on the location of protests and any suggestion that doing so could risk detention must be condemned and rejected by all who support and value a free press,” Stanistreet said.

Yet in both of the recent arrests, police cited the journalists’ foreknowledge of the time and place of the protests as evidence of direct implication in the protest activity.

“The police said: if you’ve got a tip-off, you’re obviously part of the [protest] team,” Pope said. His detention marks the first time a journalist has been detained during a wave of recent pre-emptive arrests, a tactic which London’s Metropolitan Police have declared they plan to use more frequently in response to ongoing protests over a range of hot-button political and social issues.

There are also particular concerns around the police’s disregard for both journalists’ press cards. When Pope attempted to identify himself as a journalist, he was told: “Maybe you’re just an activist with a press card.” 

Pope said: “But I’m not trying to be anonymous – I don’t have a balaclava! I’m not at all secretive about what I’m doing.”

Smallman faced similar treatment, saying he identified himself as a journalist but was arrested regardless.

There’s a parallel with prior arrests. In 2022, photojournalist Tom Bowles tried to show officers his press card and was detained anyway. Despite subsequent apologies, Smallman reports that the arresting police in his case had “no idea what journalistic privilege was”.

A final issue of key concern highlighted by the NUJ is the confiscation of equipment from both journalists, preventing them from carrying out future work.  Though the investigation into Pope was ultimately dropped he also spent months under restrictive bail conditions further prohibiting his ability to work and earn a living. The statement given by police notes that “items belonging to the journalist, including camera equipment, laptop and a mobile phone have been returned. No material stored on them was downloaded or recorded in evidence.”

Smallman, whose equipment was also confiscated, has already raised money through crowd-funding to replace his confiscated equipment, and promises to donate the new gear to the Palestinian Journalists’ Syndicate once he receives his own equipment back from the police.

Pope and Smallman both said that arresting officers also demanded they hand over their phone passwords, raising further concerns over attempts to access confidential journalistic material. Smallman was threatened with a five-year jail sentence if he didn’t comply and hand over his passcodes, using a little-known and far-reaching police power. To Smallman, the police are “using criminal powers which don’t apply to [journalists], vindictively harassing us for covering stuff they find embarrassing”.

Stanistreet agrees, saying: “We have been vocal on the chilling effect caused by the targeting of journalists and continue to condemn the harm to media freedom where public interest journalism is impeded because of the wrongful use of police powers.”

In their most recent review of press freedoms in the UK, Reporters Without Borders (RSF) cited the 2022 arrests of journalists as demonstrating a continued “lack of pluralism” and “restrictive political climate” in the UK. The recent arrests add further weight to these concerns. What Smallman calls an attempted, “gradual erosion of any kind of [press] impartiality” by the UK police has not yet been halted by public, professional and union opposition to the harassment and detention of professional journalists. It is vital that journalists are allowed to report safely, without the risk of arrest weighing on their minds.

General Election 2024: We can’t assume Keir Starmer will be a champion of all things anti-censorship

“The challenge in terms of free speech is quite profound, actually." These were the words of the UK's new prime minister, Keir Starmer, in an interview with Index back in 2013. At the time Starmer was head of the Crown Prosecution Service and in the interview discusses the challenges of balancing free speech rights on social media, very much debates we are still having today.

It was not a cameo for Starmer and Index. At the end of that year he was on a panel organised by Index on self-censorship in the arts. The following year he was again interviewed by Index, this time for the magazine under former editor Rachael Jolley, who met him at Doughty Street Chambers, which he helped found as a young human rights barrister. The pair discussed online regulation, alongside whistleblowing and the Human Rights Act. A year after this interview Starmer was a judge on Index's Freedom of Expression Awards.

The author of several books including the Three Pillars of Liberty: Political Rights and Freedoms in the UK, and the man behind high profile cases like McLibel (where he acted for environmental activists against McDonald’s) and a 2005 case in which 400+ people in Uganda got off death row, Starmer has a decent record when it comes to human rights more generally. But of free speech particularly his views are more complicated. In the interview with Jolley, he said free speech was a qualified, rather than an absolute, right:

"I don’t accept the proposition that you can say what you like, when you like, without any limits at all. Having it as a qualified right under the convention, hence the Human Rights Act, seems to be a sensible approach where you can …assert the right and then it’s for whoever wants to restrict it to demonstrate why it should be restricted and then it’s got to be necessary and proportionate."

That he qualifies the right to free speech might explain why Starmer has disappointed some people since being elected to the House of Commons in 2015, on both sides of the political spectrum. In the weeks leading up to yesterday's election there were a flurry of stories lambasting him, and Labour more broadly, for their record. These articles often highlighted the fact that Labour was the party pushing "legal but harmful" in the Online Safety Bill (something Index campaigned successfully to be removed and which Labour has pledged to legislate for again once in power) and that Starmer hasn’t committed to repeal the Public Order Act, which places unprecedented restrictions on protests, making it easier to lock up activists.

The purpose of this newsletter is not to go deep into Starmer's record – that would take too long and has been thoroughly covered by the British media. We also have time for someone who is thoughtful and considered, not least because free speech itself is not always free from complication. In the Jolley interview she wrote of him: "Sir Keir is one of those incredibly bright people, who has the ability to discuss complex ideas, and get to the guts of them, using down-to-earth language that makes it possible for non-lawyers to understand."

Today is a new dawn in the UK after 14 years of the Conservatives in power, a party that introduced many restrictions on free speech and threatened to opt out of the European Convention on Human Rights. They leave behind a country divided and with many areas that need to be urgently addressed in terms of censorship. What's clear though is that we can't assume Starmer will be a champion of all things anti-censorship either.

We will be sending him our action points to restore free speech in the UK and I hope to meet him soon to press Index’s case. While we believe that our prior relationship with him and his background in human rights law means he'll be open to us and our campaigns, we won’t be afraid to criticise him when he and the Labour government get it wrong. At the same time, we will remember to praise him when he gets it right.

Welcome to Number 10 Keir! We wish you all the best.

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