Police investigating criminal offense after Daily Telegraph columnist was 'stunned' by investigation into social media posts

Essex Police say they are investigating an alleged offense of incitement to racial hatred after Daily Telegraph columnist Allison Pearson said she was “stunned and upset” when officers knocked on her door last Sunday.

Ms Pearson revealed she was told she was being investigated over a year-old deleted post online.

She said she was not aware of what message had been reported, but suggested it could have been related to the October 7 attacks in Israel or pro-Palestinian marches.

She claimed the officers told her she was under investigation for an NCHI – an incident involving an act motivated by hostility or prejudice against individuals with a particular characteristic, but which is not illegal.

NCHI reports have long been controversial, with many raising concerns about freedom of expression, and Ms Pearson’s account of the police visit has led to widespread support from Conservatives and online commentators, including Tory leader Kemi Badenoch.

Only one Essex A police spokesperson told Sky News that the investigation was never intended for an NCHI, and that the case was always treated as an investigation into an alleged offense of incitement to racial hatred.

Ms Pearson said on her Planet Normal podcast on Wednesday that she found the visit “chilling”.

“I was stunned and angry, it’s not very nice,” she said. ‘I was standing on the steps of the house in my dressing gown, these two officers were standing just outside the door.

“There were people gathering for the Remembrance Day parade, so there were people watching from the other side of the road.

“No matter what I did or didn’t tweet, if someone found it offensive, that still doesn’t give me a reason for two police officers to come to my house on a Sunday morning.

‘You know, they don’t do that for burglars, do they? We know that the police are under-resourced and unable to solve crimes that are often quite serious.

“This was the most extraordinary overreach and state intrusion into my private life. I don’t think I did anything wrong and I think their response was outrageous.”

In a statement, Essex Police said: “Officers attended an address in Essex and invited a woman for a voluntary interview.

“They said it was related to an investigation into an alleged crime of incitement to racial hatred linked to a social media post.

“To be clear: a possible criminal offense has been reported to the police and that is why we called; to arrange a hearing.

“Everyone was polite and professional during the short conversation.”

They said an officer told Ms Pearson: “It is being put down as an incident or offense of potentially inciting racial hatred online. That would be the offence.”

Essex Police say they have complained to the Independent Press Standards Organization (IPSO) about what they call ‘false reporting’ about the ongoing investigation.

What is a non-crime hate incident?

Non-crime hate incidents (NCHIs) are defined by the government as an incident involving an act believed to be motivated by hostility or prejudice against individuals with a particular characteristic.

These characteristics may include race, religion, disability, sexual orientation, and transgender identity.

These incidents do not constitute a criminal offense but are reported and recorded to police in case they escalate into more serious harm or indicate increased tensions in the community.

Anyone can file a police report, regardless of whether he/she is directly involved in the alleged NCHI or not.

Not all incidents reported to the police are recorded as NCHIs.

They must meet this threshold, according to the government: “A single discrete event or event that disrupts or causes concern to the quality of life of an individual, group or community.”

In addition, the personal data of the reported person may only be included in the reports if the incident in question poses a ‘real risk of significant harm’ to individuals or groups with a certain characteristic and/or a real risk that a future criminal offense may occur. take place against them.

The origins of NCHI recordings stem from the 1993 murder of Stephen Lawrence, who was killed by a gang of racist assailants in South East London as he ran to catch a bus.

An inquiry into his death in 1999 called for the establishment of “a comprehensive system for reporting and recording all racist incidents and crimes”.

The first guidelines on NCHI were published in 2005, but there have been updates over the years in response to criticism of freedom of expression protections.

The latest guidance was published in June 2023, when an updated code of practice set out a “common sense and proportionate approach that should be taken by police”.

The guidelines, introduced under the Conservative government, clarified “that debate, humour, satire and personally held views lawfully expressed are not in themselves grounds for the recording of an NCHI” and that an NCHI should not be recorded if the police have a report as ‘trivial’ or ‘irrational’.

In one interview Writing in The Telegraph yesterday, Kemi Badenoch said police targeting a journalist over a social media post was “absolutely wrong” and that “we need to look at the laws around non-crime hate incidents”.

“There has long been a problem with people not taking freedom of speech seriously,” she said.

She challenged the Prime Minister to review the laws, saying: “Keir Starmer says he is someone who believes in these things. Now he has to actually show that he believes in them. All we have seen from him is the opposite. “

Ms Badenoch added: “We need to put an end to this behavior of people wasting police time on trivial incidents because they don’t like something, as if they were in a nursery.

“It’s like kids reporting each other. And I think in certain cases the police do that because they’re afraid that if they don’t do it, they’ll also be accused of not taking these issues seriously.”

Essex Police said officers had gone to the address to invite Ms Pearson for a voluntary interview as part of their investigation, which had been passed on to them by another force.

“The report relates to a social media post that was subsequently deleted,” the statement said.

“An investigation is now underway under Section 17 of the Public Order Act.”

Essex Police also said they had made attempts to contact Ms Pearson before the visit.

Other prominent Conservative voices such as Boris Johnson, Liz Truss and Chris Philp have also jumped to Ms Pearson’s defense online, as has X owner Elon Musk, who quoted a post about the incident saying: “This has got to stop.”