Heavy-handed use of anti-terror laws may amplify provocateurs

Britain’s draconian approach to pro-Gaza activism is likely to backfire

In early 1977 the Sex Pistols were mostly known, if at all, for having sworn on television. Then came the punk band’s second single, “God Save the Queen”, with such lyrics as “The fascist regime” and “She ain’t no human being”. mps boiled with outrage; tabloids screamed treason. In forcing the bbc to ban all airplay, they only increased the song’s allure. The record sold 150,000 copies a day, reaching number two during the week of Queen Elizabeth II’s Silver Jubilee, its place in the charts marked with a blank line.

This paradox—that the attempt to squash or censor information often spreads it—was later dubbed the “Barbra Streisand effect”, after the singer tried to suppress the publication of a photo of her Malibu mansion. Today it is visible in Britain in relation to increasingly combative pro-Gaza activism. Politicians are grappling with the boundaries of speech and direct action. Yet in both the furore over performances at Glastonbury, a music festival, and the proscription of Palestine Action, an activist group, heavy-handedness looks like just the wrong response.

Glastonbury’s organisers and the bbc—which broadcasts the festival almost incessantly—were prepared for rabble-rousing from Kneecap. A year ago the abrasive Irish hip-hop trio had a niche following. They have since become a lightning rod for activism, partly thanks to one member being charged with terror offences for displaying a Hizbullah flag (he claims to have unwittingly picked it up after it was thrown onto the stage). Such controversies have been “overwhelmingly positive”, admits Daniel Lambert, the band’s manager.

In the end, the Irish provocateurs were upstaged by Bobby Vylan, a rapper from Ipswich, who led a chant of “Death, death to the idf”, referring to Israel’s army. It was an ugly spectacle. And it was reasonable for politicians to ask why the bbcdid not halt the stream (a subtitle merely warned viewers of “very strong and discriminatory language”). Mr Vylan is being investigated by the police, though it is not clear that a court will think he crossed the threshold of inciting violence, which depends on proving likelihood and intent.

In both cases, politicians have fallen into old traps. Before the festival many, including the prime minister, said Kneecap should be pulled. The band consequently dominated the airwaves and attracted a huge audience. Afterwards mps fell over themselves to condemn Mr Vylan and demand a speedy prosecution. The result was to lavish him with the attention he craves. A good rule for politicians might be not to have opinions about punk musicians.

Much more significant was the move by the home secretary, Yvette Cooper, to proscribe Palestine Action as a terrorist organisation. The ban, which would make membership or support of the group illegal, was due to be approved in Parliament and come into effect as early as next week, though on July 4th the group will have the chance to appeal against it in the high court. Given the broad powers afforded by anti-terror laws, legal experts think that will at most delay enforcement.

It would be a landmark moment. There are currently 95 proscribed groups in the United Kingdom, including Hamas, Hizbullah and the ira. But this is the first time these laws have been used against a group that primarily targets property, not humans. Established in 2020, Palestine Action is behind a string of attacks on defence manufacturers, which it says assist Israel’s war in Gaza. In June it embarrassed Britain’s armed forces by breaking into raf Brize Norton, an Oxfordshire airbase, and spraying a plane with red paint.

The state has already charged participants for crimes including trespass and criminal damage. But it also seems bent on calling them terrorists. Jonathan Hall kc, who reports to the government on terrorism, says the case for doing so rests on the high degree of damage, the impact on national security and activists’ willingness to resort to violence (in one attack a police officer was reportedly injured with a sledgehammer). Ms Cooper frames Palestine Action as a new and distinct threat: highly organised, lurking all over Britain and willing to go to extremes. Yet the powers she is using were designed to target ira bombers who hit empty buildings, not what Julian Lewis, a Conservative mp concerned by the change, calls “performative” acts.

The move could be seen as a continuation of a crackdown on direct-action groups, in response to bolder and more disruptive tactics. Under a 2022 law, members of Just Stop Oil and Extinction Rebellion have been handed lengthy prison sentences for blocking motorways. Yet Ms Cooper’s decision is a risky escalation that could put police in an invidious position and undermine the application of anti-terror laws. “It’s like using a sledgehammer to crack a nut,” says Tim Squirrell, a counter-terrorism expert.

Like other direct-action groups, Palestine Action has many supporters who sympathise with its goal. A majority of Britons oppose Israel’s war; most of those see it as a genocide and hold the British government partially responsible. The police could face ridicule if they enforce the law, and the charge of selectiveness if they don’t. “Are we saying they should arrest thousands of people for wearing a Palestine Action t-shirt?” asks Mr Squirrell. “Is Sally Rooney a terrorist?”

This piece was originally published in The Economist Newspaper, read it here