The Commissioner of the Metropolitan Police has urged the government to “change or clarify” existing legislation following the arrest of comedian Graham Linehan regarding online posts.
Linehan, 57, was apprehended on Monday under the Public Order Act on suspicion of inciting violence related to his posts about transgender individuals on X.
On Wednesday, Met Commissioner Sir Mark Rowley defended the officers’ actions, while acknowledging the “concern caused by such incidents given differing perspectives on the balance between free speech and the risks of inciting violence in the real world.”
Labour leader Sir Keir Starmer stated that the police must “focus on the most serious issues” when questioned in the House of Commons about the arrest.
Linehan’s arrest has spurred criticism from various public figures and politicians, who argue that it raises significant questions about the state of free speech in the UK.
Earlier on Wednesday, Health Secretary Wes Streeting stated that the government needed to “look at” the relevant legislation following the arrest, adding ministers “want the police to focus on policing streets rather than tweets”.
Linehan has stated that his arrest at Heathrow Airport was connected to three posts made on X in April.
One post stated: “If a trans-identified male is in a female-only space, he is committing a violent, abusive act. Make a scene, call the cops and if all else fails, punch him in the balls.”
Linehan has been released on bail pending further investigation and has not been formally charged.
In his statement on Wednesday, Sir Mark said the decision to arrest Linehan “was made within existing legislation – which dictates that a threat to punch someone from a protected group could be an offence”.
Sir Mark noted that his officers “had reasonable grounds to believe an offence had been committed,” but added that police were broadly “been left between a rock and a hard place” when investigating online speech.
He elaborated: “I don’t believe we should be policing toxic culture wars debates and officers are currently in an impossible position.”
Sir Mark stated that police will be compelled to “make similar decisions in future unless the law and guidance is changed or clarified.”
He expressed his hope that this occurs “without delay,” adding that the Met would take immediate action to update its decision-making process for cases warranting police investigation.
Sir Mark added: “As an immediate way of protecting our officers from the situation we find ourselves in today, we will be putting in place a more stringent triaging process to make sure only the most serious cases are taken forward in future – where there is a clear risk of harm or disorder.”
Linehan, known for writing the sitcoms Father Ted and The IT Crowd, has become a prominent activist critical of the trans-rights movement.
In an online account of his arrest, Linehan reported that he was detained by five armed officers upon arrival at Heathrow Airport, returning from the US.
He said he was taken into custody for questioning and later escorted to hospital after a health check revealed he was suffering from high blood pressure levels.
The Irish comedian also faces a harassment charge related to a separate incident, which he denies, and is scheduled to appear in court on Thursday.
Beyond the government’s acknowledgment that public order laws may require review, Labour peer and former Liberty director Shami Chakrabarti stated that speech offenses “do need an overarching review.”
Chakrabarti suggested that certain offenses related to alarm and distress were “too broad,” while affirming that “inciting violence must always be a crime.”
Linehan’s arrest has been highlighted by senior opposition figures in Westminster, who view it as a misuse of police resources that could negatively affect free speech.
Conservative Party leader Kemi Badenoch remarked that “sending five officers to arrest a man for a tweet isn’t policing, it’s politics.”
Reform UK leader Nigel Farage addressed a Congressional committee hearing on free speech in Washington DC on Wednesday, citing Linehan’s arrest and questioning, “At what point did we become North Korea?”
“I think the Irish comedy writer found that out two days ago at Heathrow Airport.”
The criticism of Linehan’s arrest has coincided with ongoing concern from senior figures on the right of American politics regarding free speech protections in the UK, including Vice President JD Vance.
Vance has raised concerns about the UK’s Online Safety Act, which the British government defends as necessary to protect children online, while claiming that free speech in Europe is “in retreat.”
Other figures associated with Donald Trump, including Elon Musk, have also voiced concerns about free speech in the UK, specifically in the case of Lucy Connolly.
Connolly was jailed after pleading guilty to stirring up racial hatred against asylum seekers following the Southport attack last year, but has been portrayed by some politicians as an innocent victim of excessive policing.
Farage stated that he had hoped Connolly could attend the US hearing but was “banned” from traveling due to her conviction.