'Police were WRONG to check my thinking': Businessman's 'transphobic' tweets were LAWFUL and officers breached HIS rights by acting like 'the STASI' and arriving at his work to quiz him about 'hate incident', judge rules
by Joe Middleton For Mailonline- Harry Miller, 54, said the police's actions had a 'substantial chilling effect' on him
- Mr Miller claims that an officer told him that he had not committed a crime
- However the founder of Fair Cop's tweeting was recorded as a 'hate incident'
- A ruling today found the police's actions were a 'disproportionate interference'
A man's 'transphobic' tweets were lawful and police breached his right to freedom of expression by behaving like 'the Stasi' when they turned up at his work to brand it a 'hate incident', a judge has ruled.
Former police officer Harry Miller, 54, claims an officer told him that he had not committed a crime, but that 30 messages he had tweeted or retweeted over the past year were being recorded as a 'hate incident'.
The complaint was received by Scotland Yard from a 'victim'. Officers in London then contacted Humberside Police to interview Mr Miller after tracing him to his plant and machinery business.
A judge today described the police's actions had a 'substantial chilling effect' on Mr Miller's right to free speech.
Announcing the court's decision, Mr Justice Julian Knowles said Mr Miller's tweets were 'lawful' and that the effect of the police turning up at Mr Miller's place of work 'because of his political opinions must not be underestimated'.
He added: 'To do so would be to undervalue a cardinal democratic freedom. In this country we have never had a Cheka, a Gestapo or a Stasi. We have never lived in an Orwellian society.'
He also said: 'The claimant's tweets were lawful and that there was not the slightest risk that he would commit a criminal offence by continuing to tweet.
'I find the combination of the police visiting the claimant's place of work, and their subsequent statements in relation to the possibility of prosecution, were a disproportionate interference with the claimant's right to freedom of expression because of their potential chilling effect.'
How police guidelines on 'hate incidents' are lawful, but officers over-stepped the mark
In today's judgment, Mr Justice Julian Knowles ruled that Humberside Police would have acted lawfully if it had 'merely recorded' the tweets as a hate incident.
However he said police had overstepped the line by visiting Mr Miller at his place of work and then with subsequent statements in relation to the possibility of a prosecution against him.
He referred to it as a 'disproportionate interference' with Mr Miller's right to freedom of expression.
However Judge Knowles rejected a wider challenge to the lawfulness of the 'hate incident' guidance, ruling that it 'serves legitimate purposes and is not disproportionate'.
Rules surrounding 'hate incidents' are set out by in guidance written up by the College of Policing.
It defines a hate incident as 'any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender'.
This differs from a hate crime, which is a criminal offence.
The definition of a hate crime, according to the guidance is: 'Any criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender.'
Mr Miller was joined at the High Court today by a group of supporters, including members of his organisation Fair Cop.
The organisation formed in May 2019 from concerns about police attempts to criminalise people for opinions that are not against the law.
Other supporters outside court today included Father Ted creator and comedy writer Graham Linehan, who said he has also had the police phoning him because of his opinions on transgender issues.
The College of Policing's guidance defines a hate incident as 'any non-crime incident which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice against a person who is transgender or perceived to be transgender'.
In a ruling on Friday, the High Court in London found Humberside Police's actions were a 'disproportionate interference' with Mr Miller's right to freedom of expression.
But Mr Justice Julian Knowles rejected a wider challenge to the lawfulness of the College of Police guidance, ruling that it 'serves legitimate purposes and is not disproportionate'.
The judge said: 'The claimants' tweets were lawful and there was not the slightest risk that he would commit a criminal offence by continuing to tweet.
'I find the combination of the police visiting the claimant's place of work, and their subsequent statements in relation to the possibility of prosecution, were a disproportionate interference with the claimant's right to freedom of expression because of their potential chilling effect.'
At a hearing in November, Mr Miller's barrister Ian Wise QC said his client was 'deeply concerned' about proposed reforms to the law on gender recognition and had used Twitter to 'engage in debate about transgender issues'.
He argued that Humberside Police, following the College of Policing's guidance, had sought to 'dissuade him (Mr Miller) from expressing himself on such issues in the future', which he said was 'contrary to his fundamental right to freedom of expression'.
Who are Fair Cop? Organisation set up by Harry Miller after police grilling over tweets
The organisation founded by Mr Miller in May 2019 has formed from concerns about police attempts to criminalise people for opinions that are not against the law.
On its website the group says: Some of us have been victims of police interaction following social media activity; some are police officers ashamed at police action.
'All of us are furious with the 'Big Brother' overreach of various police forces and other authorities.
'We are united in our aim of enforcing existing laws governing freedom of speech, conscience and assembly – rights that belong to us all in this country.'
The group adds that it works to work with the police in order to improve existing guidelines around speech.
The judge said Mr Miller strongly denies being prejudiced against transgender people, and regards himself as taking part in the 'ongoing debate' about reform of the Gender Recognition Act 2004, which the Government consulted on in 2018.
Speaking outside the Royal Courts of Justice after the ruling, Mr Miller said: 'Mr Justice Knowles was very clear - we have never had a Gestapo or a Stasi in Great Britain.
'Well, the actions of Humberside Police came way too close for comfort. This is a watershed moment for liberty: the police were wrong to visit my workplace, wrong to 'check my thinking'.'
His solicitor Paul Conrathe from Sinclairslaw said: 'We welcome today's judgment, which is a vindication of Mr Miller's actions in posting tweets that were critical of transgender ideology and practice.
'It is a strong warning to local police forces not to interfere with people's free speech rights on matters of significant controversy.'
Comedy writer Graham Linehan, who attended the hearing in support of Mr Miller, said: 'I hope that it (the judgment) will make the police be a little more careful about being used as a harassment tool by activists.'
He added: 'It's really, really hard to get the message out ... we are not transphobic, we just think that there are some issues that really need to be discussed.'
Mr Linehan - who said he has 'had police come to my house, phone me up' because of his public opinions on transgender issues - said the ruling was 'just chipping away at the corner of the problems, but is significant'.
In his judgment, Mr Justice Knowles emphasised: 'I am not concerned with the merits of the transgender debate. The issues are obviously complex.
'As I observed during the hearing, the legal status and rights of transgender people are a matter for Parliament and not the courts.'
Holding a copy of George Orwell's Nineteen Eighty-Four, he added: 'I'm going to continue tweeting, I'm going to continue campaigning and I'm going to continue standing with women in order to secure their sex-based rights.
Father Ted creator and comedy writer shows support for Miller at High Court
Father Ted creator and comedy writer Graham Linehan was present at the High Court today to show his support for Harry Miller.
The 54-year-old has a profile on the Fair Cop website - the organisation founded by Harry Miller - and has been outspoken about his own treatment by the police for his views on transgender issues.
In a profile in the Mail on Sunday, Mr Linehan, who also wrote the IT Crowd, said he has become 'one of the most loathed figures on the internet'.
Today he said:'I hope that it (the judgment) will make the police be a little more careful about being used as a harassment tool by activists.'
He added: 'It's really, really hard to get the message out ... we are not transphobic, we just think that there are some issues that really need to be discussed.'
Mr Linehan - who said he has 'had police come to my house, phone me up' because of his public opinions on transgender issues - said the ruling was 'just chipping away at the corner of the problems, but is significant'.
'This judgment today has told us that we can do that and, if the police come knocking, say: 'Miller v Humberside Police, b****r off!''
Deputy Chief Constable Bernie O'Reilly, executive director at the College of Policing, said: 'It is pleasing that today's judgment found that the College of Policing's guidance on the recording of non-crime hate incidents is both lawful and extremely important in protecting people.
'Policing's position is clear - we want everyone to feel able to express opinions as passionately as they wish without breaking the law.'
He added: 'Our guidance is about protecting people because of who they are and we know this is an area where people may be reluctant to report things to us because of the very personal nature of what they experience or perceive.
'In policing we don't always get things right and there will of course be some learning following today's judgment.'
The interview between Mr Miller and the officer took place at 3pm on January 23 last year.
The PC said he had received a complaint about Harry's tweets from a 'victim' — an unnamed member of the public 'down south' — who had alerted the hate crime unit of Britain's biggest police force, London's Scotland Yard.
Officers at the Yard, in turn, asked Humberside police to interview Harry after tracing him to his plant and machinery business in the force's area.
The policeman told Harry that he was in trouble for retweeting a 'transphobic' limerick.
He was told that he was also being investigated for tweeting support for BBC Woman's Hour presenter Jenni Murray, who had been criticised by Oxford students after writing a newspaper article questioning whether transgender women are 'real women'.
Harry was told in the conversation at Tesco that he had not broken the law but was guilty of a 'non-crime' hate incident.
According to court papers, the constable explained to him: 'Sometimes, a woman's brain grows a man's body in the womb and that is what transgender is.'
When Harry asked why the officer kept calling the person who had made the complaint a 'victim', when no crime had been established, he was told 'that's just how it works'.
Mother-of-two who called a transgender woman a 'pig in a wig' is convicted of sending offensive tweets as free speech campaigners protest outside court
A mother who called a transgender woman a 'pig in a wig' during a twitter row was today given a conditional discharge after a judge convicted her of causing anxiety.
Three police officers arrived at Kate Scottow's home in Pirton, near Hitchin, Herts to arrest her in front of her 10-year-old daughter and 20-month-old son after complaints were received from Stephanie Hayden.
District Judge Margaret Dodd found the 39-year-old guilty of persistently making use of a public communications network to cause annoyance, inconvenience and anxiety to Ms Hayden between September 2018 and May of 2019.
Scottow was convicted of a criminal offence, unlike Mr Miller, who tweets were recorded by police as simply a 'hate incident'.
Scottow was accused of deliberately 'misgendering' Ms Hayden by referring to her as 'he' or 'him' during a period of 'significant online abuse'.
Scottow had been arrested by police officers last year at her home in Pirton near Hitchin, Hertfordshire, in front of her daughter 10, and son, 20 months.
District Judge Margaret Dodd told Scottow that she made deliberate and persistent use of male pronouns, and had caused Ms Hayden 'needless anxiety'.