Is there a right not to be offended?

 (Photo: Pexels/Miguel Á. Padriñán)

Many will have spluttered over their cornflakes - or as I think the late Rabbi Lionel Blue once put it, collapsed into their kippers - to hear Baroness Falkner, Chair of the Equalities and Human Rights Commission (EHRC), declare on Radio 4's Today programme that, "We all have a right not to be offended."

The background was a ruling by the Employment Appeal Tribunal (EAT) in the Maya Forstater case, overturning an earlier judgment that belief in the immutability of people's biological sex was "not worthy of respect in a democratic society" and therefore unprotected under Article 9 of the European Convention on Human Rights, which guarantees the right to freedom of thought, conscience and religion.

The EHRC had supported Forstater's successful appeal to the EAT, hence the Baroness' appearance on the Today programme to comment on the outcome.

After the broadcast, a tweet emerged from the EHCR saying that the Baroness's statement on the right not to be offended was in fact a slip of the tongue - she had meant to say the direct opposite.

So, relief all round: the Equalities and Human Rights Commission does understand human rights after all.

It is easy to pardon Baroness Falkner's mistake, given her obvious discomfort when trying to negotiate a way through what has become a semantic, cultural and legal minefield. If the head of the UK's human rights body can so easily run into danger, what hope is there for the rest of us?

Interestingly, the Today interviewer did not challenge or apparently notice the Baroness's understandable error, despite the presiding genius of George Orwell - in the form of his statue and its inscription outside BBC headquarters - reminding all who work there that, "If liberty means anything at all, it means the right to tell people what they do not want to hear."

Unfortunately, though, the view that "there is a right not to be offended" is becoming rather common, despite the unambiguous position in international human rights law as summed up by the UN's 2013 Rabat Plan of Action: "[T]he right to freedom of religion or belief, as enshrined in relevant international legal standards, does not include the right to have a religion or a belief that is free from criticism or ridicule" (para. 19).

Thursday's EAT judgement did in fact quote a ruling against the UK by the European Court of Human Rights back in 1976 which made clear that, "Freedom of expression ... is applicable not only to 'information' or 'ideas' that are favourably received or regarded as inoffensive or as a matter of indifference, but also to those that offend, shock or disturb the State or any sector of the population. Such are the demands of that pluralism, tolerance and broadmindedness without which there is no 'democratic society'" (para. 49).

However, this fundamental principle has yet to trickle down into all areas of our own democratic society.

The Commission was forced last year to retract legally incorrect advice about transgender people's right to access single-sex services.

In March, a Christian street preacher was informed by a Metropolitan police officer that "if someone finds something offensive, regardless of what you think, it's a crime; there can be a crime there, OK? ... I'm just here to give you some words of advice".

Just the month before, Merseyside Police were persuaded to admit that their "chilling" billboard poster announcing that "being offensive is an offence" was actually incorrect.

Then there is last year's High Court judicial review case brought by Harry Miller, which stemmed from a complaint to the police about his gender critical tweets, and the claim that these were offensive and transphobic, and (apparently without irony) that Mr Miller was a "bigot".

The police recorded the tweets as a 'hate incident' (paras. 58-69) and Mr Miller said that he was then visited at his workplace by an officer declaring, "I need to check your thinking" (88). This officer testified that he believed he was "protecting [the complainant's] right not to be offended" (174).

Yet, as the judge noted, "It is striking that no-where in their evidence did [the complainant or police officer] specifically identify which tweets amounted to hate speech, or why. It is just asserted that they did, without further discussion" (281).

The complaint had, in the judge's view, been expressed in extreme terms; indeed, it was "at the outer margins of rationality" (280, 282).

He ruled that the police had "no need ... to visit the Claimant's workplace and then warn him about the danger of being prosecuted if he escalated" (a possibility that was "not remotely tenable"). This police action was unlawful and had effectively granted the complainant a "heckler's veto" (261, 268, 278, 283-286).

We must be wary of trespassing into the hostile territory of academia, where nowadays it appears that survival can sometimes be dependent on the self-censorship of any unfashionably dissenting views - although one student bravely refused to self-censor and was investigated by her university, only for them to finally admit that she had done nothing wrong.

It's also worth mentioning the Liberal Democrat party's recently adopted definition of transphobia, stated to be "key to supporting the Party's disciplinary processes", which designates as culpable "comments such as 'I'm too old to understand all this'". Even expressions of bafflement can now be punishable as offensive.

It seems there is a definite need for some basic human rights literacy on the part of those, including employers and the police, who have the power to affect our lives and freedoms.

We rely on the Equality and Human Rights Commission to explain and continually reinforce the distinction between the freedom to express opinions on the one hand, and discrimination, harassment or incitement to hatred on the other.

If they can also have the backing of legislation in their task, so much the better.

Some aspects of this crucial distinction have already been expressly codified in amendments made to the Public Order Act 1986, to ensure that the critical discussion of religion and same sex relationships or marriage cannot be treated as hate crime.

The case for an equivalent amendment covering discussion of transgender issues is surely becoming ever more difficult to resist.

50% OFF
HDPE All-Weather Adirondack Chair with Built-In Cup Holder - Tool-Free Assembly (Grey)
$69.99 $139.99
10% OFF
aumuca Undercoat Rake for Dogs & Cats - Professional Deshedder and Dematting Grooming Comb
$17.99 $19.99
15% OFF
Hypoallergenic Pet Wipes for Dogs & Cats - 400 Count Extra Large Coconut Scented Grooming Wipes
$25.49 $29.99
60% OFF
HOMETUK Clear Plastic Storage Bins with Dividers - 3-Pack Stackable Acrylic Organizer Containers for Fridge and Pantry
$19.99 $49.99
58% OFF
G Gradual Men's Fishing Shirt - UPF 50+ Lightweight Short Sleeve Button Down with Zipper Pockets
$14.99 $35.99
11% OFF
VitaUp Beet Root Gummies with CoQ10 & Grape Seed - Nitric Oxide Circulation Support (60 Count)
$24.91 $27.91
51% OFF
G Gradual Men's Athletic Workout T-Shirt - Moisture Wicking Cooling Short Sleeve Running Tee
$9.89 $19.99
55% OFF
Everyfun 60" Rectangular Platform Tree Swing - 700lbs Heavy Duty Adjustable Outdoor Swing (Colorful)
$49.99 $110.99
49% OFF
Ekouaer Jumpsuits for Women Dressy Casual - Ruffle Cap Sleeve Rib Knit Summer Romper
$14.99 $29.51
61% OFF
Ekouaer Women's Casual Loose Jumpsuit - One-Piece Printed Sleeveless Wide Leg Romper with Pockets
$14.99 $37.99
50% OFF
Ekouaer Lounge Sets for Women - V-Neck Two-Piece Short Pajama Set with Large Pockets
$9.9 $19.99
40% OFF
ROTAKE TB3 20V Heavy Duty 1/2" Cordless Impact Wrench Kit - 1380 Ft-Lbs Torque
$132 $219.99
36% OFF
Men's Athletic Running Shorts with Zipper Pockets - Lightweight & Quick Dry
$12.74 $19.99
61% OFF
Modern Ceiling Fan with Light and Remote - Reversible Quiet DC Motor
$69.3 $179.99
50% OFF
MOOKA H13 True HEPA Air Purifier for Home Large Room - 1076 sq ft Odor Eliminator
$39.97 $79.95
50% OFF
LINGDU V630 3-Channel 4K Dash Cam - Front, Cabin, and Rear Triple Car Camera with 64GB Card
$69.99 $139.99
60% OFF
GKBK Women’s Ribbed Short Sleeve Scoop Neck Slim Fit Tee – Stretchy Basic Summer Top 2026 Trendy Outfit Essential
$4 $9.99
60% OFF
Ekouaer Women's Satin Silky Pajama Set - Short Sleeve Pullover Top & Wide-Leg Pants
$13.99 $34.99
55% OFF
Ekouaer 3-Piece Maternity & Nursing Pajamas Set - Short Sleeve Top with Shorts and Pants
$14.99 $32.99
Sealy 2-Pack Tritech 16" Twin Inflatable Air Mattress with Built-in AC Pump
$0 $113.99
Newsletter Stay up to date with Christian Today
News
UK Supreme Court to hear Christian schools’ challenge to VAT on private school fees
UK Supreme Court to hear Christian schools’ challenge to VAT on private school fees

The UK Supreme Court has granted permission for a group of independent Christian schools, parents and pupils to appeal against the government’s decision to impose VAT on private school fees.

Christian police officer reaches settlement over diversity training discrimination claim
Christian police officer reaches settlement over diversity training discrimination claim

North Yorkshire Police have reached a confidential settlement with a former police community support officer (PCSO) who claimed he was discriminated against and forced out after raising questions about Islam during mandatory diversity training.

Historic Lancashire church secures £250,000 National Lottery grant for major roof repairs
Historic Lancashire church secures £250,000 National Lottery grant for major roof repairs

A historic Lancashire church has secured £250,000 in funding from the National Lottery Heritage Fund to carry out urgent repairs that will safeguard one of Oswaldtwistle's oldest buildings.

Bethel Church distances itself from Todd Bentley and Mike Bickle
Bethel Church distances itself from Todd Bentley and Mike Bickle

Bethel Church has announced a sweeping review of its leadership culture, saying that some areas require "attention and reform".

Today's Top Deals

HDPE All-Weather Adirondack Chair with Built-In Cup Holder - Tool-Free Assembly (Grey)

$69.99
$139.99 50% OFF
View Deal

aumuca Undercoat Rake for Dogs & Cats - Professional Deshedder and Dematting Grooming Comb

$17.99
$19.99 10% OFF
View Deal

Hypoallergenic Pet Wipes for Dogs & Cats - 400 Count Extra Large Coconut Scented Grooming Wipes

$25.49
$29.99 15% OFF
View Deal

HOMETUK Clear Plastic Storage Bins with Dividers - 3-Pack Stackable Acrylic Organizer Containers for Fridge and Pantry

$19.99
$49.99 60% OFF
View Deal

G Gradual Men's Fishing Shirt - UPF 50+ Lightweight Short Sleeve Button Down with Zipper Pockets

$14.99
$35.99 58% OFF
View Deal

VitaUp Beet Root Gummies with CoQ10 & Grape Seed - Nitric Oxide Circulation Support (60 Count)

$24.91
$27.91 11% OFF
View Deal

G Gradual Men's Athletic Workout T-Shirt - Moisture Wicking Cooling Short Sleeve Running Tee

$9.89
$19.99 51% OFF
View Deal

Everyfun 60" Rectangular Platform Tree Swing - 700lbs Heavy Duty Adjustable Outdoor Swing (Colorful)

$49.99
$110.99 55% OFF
View Deal

Ekouaer Jumpsuits for Women Dressy Casual - Ruffle Cap Sleeve Rib Knit Summer Romper

$14.99
$29.51 49% OFF
View Deal

Ekouaer Women's Casual Loose Jumpsuit - One-Piece Printed Sleeveless Wide Leg Romper with Pockets

$14.99
$37.99 61% OFF
View Deal

Ekouaer Lounge Sets for Women - V-Neck Two-Piece Short Pajama Set with Large Pockets

$9.9
$19.99 50% OFF
View Deal

ROTAKE TB3 20V Heavy Duty 1/2" Cordless Impact Wrench Kit - 1380 Ft-Lbs Torque

$132
$219.99 40% OFF
View Deal

Men's Athletic Running Shorts with Zipper Pockets - Lightweight & Quick Dry

$12.74
$19.99 36% OFF
View Deal

Modern Ceiling Fan with Light and Remote - Reversible Quiet DC Motor

$69.3
$179.99 61% OFF
View Deal

MOOKA H13 True HEPA Air Purifier for Home Large Room - 1076 sq ft Odor Eliminator

$39.97
$79.95 50% OFF
View Deal

LINGDU V630 3-Channel 4K Dash Cam - Front, Cabin, and Rear Triple Car Camera with 64GB Card

$69.99
$139.99 50% OFF
View Deal

GKBK Women’s Ribbed Short Sleeve Scoop Neck Slim Fit Tee – Stretchy Basic Summer Top 2026 Trendy Outfit Essential

$4
$9.99 60% OFF
View Deal

Ekouaer Women's Satin Silky Pajama Set - Short Sleeve Pullover Top & Wide-Leg Pants

$13.99
$34.99 60% OFF
View Deal

Ekouaer 3-Piece Maternity & Nursing Pajamas Set - Short Sleeve Top with Shorts and Pants

$14.99
$32.99 55% OFF
View Deal

Sealy 2-Pack Tritech 16" Twin Inflatable Air Mattress with Built-in AC Pump

$0
$113.99 0% OFF
View Deal