Free speech stops riots 

With depressing predictability, the riots have led to calls for more censorship. Historically, it was the authoritarian right who blamed outbreaks of civil disorder on too much free speech, but this knee-jerk, illiberal reaction is now more likely to be found on the left. I’m not just thinking of Paul Mason, who called for Ofcom to revoke GB News’s broadcast licence, or even Carole Cadwalladr, who tweeted: ‘This should be our Dunblane moment. Only with social media not guns.’ I’m thinking of statements by the Prime Minister and the Home Secretary.

In his first speech about the unrest last week, Sir Keir Starmer said: ‘And let me also say to large social media companies and those who run them… Violent disorder clearly whipped up online… That is also a crime. It’s happening on your premises. And the law must be upheld everywhere.’ A few days later, his spokesman took aim at Elon Musk for tweeting ‘civil war is inevitable’ below a video of rioters aiming fireworks at police. The spokesman said there was ‘no justification’ for Musk’s comment, adding: ‘Anyone who is whipping up violence will face the full force of the law.’

So is the former director of public prosecutions asking the police to investigate the owner of Twitter? Even if Musk was guilty of ‘whipping up violence’, I know of no such criminal offence in England and Wales. Stirring up hatred against a group on the basis of their race or religion is an offence, as is inciting someone to commit a crime. But even a Crown Prosecution Service in thrall to Sir Keir would baulk at charging Musk with either of those offences. In any event, could he be prosecuted for breaking one of our laws while 5,000 miles away? Perhaps the Prime Minister was urging Ofcom to investigate Musk’s comments using its new powers under the Online Safety Act.