When can protesting over the Gaza war be illegal in the UK?
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https://www.bbc.co.uk/news/uk-england-london-67231803 Version 0 of 3. The main pro-Palestine march in London on 21 October attracted up to 100,000 people On 7 October Hamas gunmen launched an attack on Israel from the Gaza Strip, killing more than 1,400 people and taking more than 220 hostages. Gaza's Hamas-run health ministry says more than 9,000 people have been killed in the territory since Israel launched retaliatory airstrikes. Support and solidarity for both parties in the war is being expressed across the UK. Over the past two weekends, tens of thousands of people have attended pro-Palestinian marches in London. The BBC has been answering your questions about what your rights are when it comes to protesting and showing support. Can I fly a flag on private property? According to the government's website, individuals are allowed to fly a flag on private property as long as it meets standard conditions such as it being in a safe location and not obscuring roads or railways. It states that any country's national flag does not need consent to be flown. However, any flag that makes reference to a proscribed organisation under the Terrorism Act cannot be flown legally. The UK government currently has a list of 79 proscribed international terrorist groups, which includes Hamas and Hezbollah. This means individuals are not allowed to fly a Hamas or Hezbollah flag on private property or in public. Do police have the right to tell me to remove a flag on private property? The BBC has been made aware of instances where police officers have warned people with a Palestinian flag on their private property that they could be in breach of the Public Order Act. Under the Act, someone can be found guilty of an offence if they have "intent to cause a person harassment, alarm or distress". Protesters held Israeli flags outside the Qatari Embassy calling for the release of hostages Peter Walker, a human right's solicitor, explained to the BBC: "There are no laws that ban any country's national flag to be hung on private property." While the UK does not recognise Palestine as an independent state, Mr Walker said it was "a partially recognised sovereign state amongst the international community" as 138 of the UN's 193 member states recognise it. He added: "If police are called to a property they have the right to make inquiries, but equally, unless they specify that you are committing an offence and will arrest you, you have the right to ignore them and close the door." The Met Police said: "Displaying a Palestinian flag on its own isn't a criminal offence, however it can be if there are aggravating factors." When asked about the aggravating factors, the Met said these would be "assessed on a case-by-case basis". Can I wave a flag or wear certain symbols in public? Generally speaking, your right to wave a flag is protected under the European Convention of Human Rights, which guarantees individuals' rights to freedom of expression. In a written reply to the BBC, Mr Walker said it would be "extremely unlikely that waving a Palestinian (or Israeli) flag could ever be construed as intending to glorify acts of terrorism, but said the important thing to remember was context". He added: "Waving a flag or bearing a symbol in a deliberately offensive and provocative way could lead to an arrest. Whether it would hold up in court is probably a different matter." Glorify Hamas and you break law - terror watchdog Hate crime law to be clarified after protest row Met Commissioner wants clarity on extremism Home Secretary Suella Braverman has written to chief constables in England and Wales to suggest that some instances of waving a Palestinian flag or chanting may be a criminal offence. She said: "Behaviours that are legitimate in some circumstances, for example the waving of a Palestinian flag, may not be legitimate such as when intended to glorify acts of terrorism. "Nor is it acceptable to drive through Jewish neighbourhoods, or single out Jewish members of the public, to aggressively chant or wave pro-Palestinian symbols at. "Where harassment is identified, I would encourage the police to take swift and appropriate enforcement action." The Met Police later published a statement saying "the waving of a particular flag is not, in itself, a specific criminal offence unless it relates to a proscribed organisation". Palestinian flags have been tied to lamp-posts in Tower Hamlets, east London More on Israel-Gaza war Follow live: Latest updates Explained: What is happening in Israel and Gaza, and why now? History behind the story: The Israel-Palestinian conflict Hostages: Who are the hostages taken by Hamas from Israel? Gaza: Dead and wounded strain Gaza hospitals as air strikes intensify What has the Met Police arrested people for? Since protests began three weeks ago in London, 100 people have been arrested, according to the Met. On Saturday 28 October, five people at a central London pro-Palestinian demonstration of 70,000 were charged - two were accused of racially aggravated offences, another two of public order offences and another was charged with causing actual bodily harm. It is not clear if the public order offence charges related to waving a flag or chanting, but Mr Walker said he did not believe an "arrest on that basis alone would ever hold up or result in a conviction". During the protest, some people chanted "from the river to the sea", referring to the land between the River Jordan and the Mediterranean. A pro-Palestinian protest in London Ms Braverman had previously urged police chiefs to consider interpreting those words as an "expression of a violent desire to see Israel erased from the world". The Palestinian Solidarity Campaign and other activists have contested this, saying the slogan refers to "the right of all Palestinians to freedom, equality and justice". Further chants, including "chanting for the erasure of Israel from the map" and chanting "jihad" have been identified by Ms Braverman as ones that police forces should take action on. It is important to remember that the police and Crown Prosecution Service are operationally independent from the government, meaning decisions on what might constitute law-breaking lie with them. Police are due to receive "clarified" guidance on hate crimes after Met Commissioner Sir Mark Rowley said officers' hands are tied by laws on hate speech. He said his force was "ruthless in tackling anybody who puts their foot over the legal line", but argued hate crime laws "probably need redrawing" because extremists groups were able to spread "truly toxic messages" messages without breaking the law. Can I be arrested for putting flags, symbols or stickers on public property? The BBC recently reported that Palestinian flags were being removed from lamp-posts on streets in east London after concerns were raised with police. According to accounts on social media, nearly every lamp-post on Bow Road in Tower Hamlets had a flag attached. At the time the Met said no offence had been committed but Transport for London (TfL), which is responsible for the roads, said it was "swiftly removing them". The Met has also removed posters of Israeli hostages put up in Edgware, north London. Two officers were pictured removing the posters from the shutters of a business in Edgware Mr Walker said there was the "potential" of being arrested if you commit criminal damage which is defined as "deliberate or reckless damage" of property without lawful excuse. This could include putting flags, stickers or symbols on public property, but he said "attaching a flag to a lamp-post is very unlikely to be considered criminal damage provided it does not damage the light post and can easily be removed". He added, however, that "police often do arrest protesters for criminal damage on fairly weak grounds, including for using chalk on pavement, for example". What about flying flags at sporting events? Since 7 October, the Premier League has updated its guidance on flag flying at football matches. It says Israeli and Palestinian flags, displays, banners and scarves should not be displayed. The stands at Celtic Park were a sea of Palestinian flags shortly before kick-off against Atletico Madrid on 25 October Scottish football club Celtic has been fined by Uefa after a fan group defied the club's appeal and held aloft Palestinian flags before a Champions League match on 25 October. Tottenham Hotspur fans have also been told by the club not to bring Israeli flags to matches. Several supporters were spotted with the flag during a match against Fulham on 23 October. Guidance on whether fans flouting this rule will be removed from the stadium is still unclear. The BBC will continue to update the article to reflect new developments. Listen to the best of BBC Radio London on Sounds and follow BBC London on Facebook, X and Instagram. Send your story ideas to hello.bbclondon@bbc.co.uk Related Topics Israel-Gaza war Israel Suella Braverman Metropolitan Police Service London |