A police force refused to prosecute a man who sent an image of the Star of David intertwined with the Nazi swastika to a Jewish students’ organisation, on the basis it was not offensive enough.
Cambridgeshire Constabulary concluded that the image, sent on social media to the Union of Jewish Students, was not “grossly offensive” and therefore not a crime, it has emerged. As a result, the incident was reported as a non-crime hate incident (NCHI).
The case came to light as Essex Police investigate Allison Pearson, the Telegraph writer, over a social media post. Her case has brought into sharp focus the way different constabularies enforce hate laws and the way NCHIs are used.
In October, Alex Hearn, co-director of Labour Against Anti-Semitism, complained to the Cambridgeshire force that a man had used X, formerly Twitter, to send offensive messages to him and the Union of Jewish Students (UJSS)
The UJS had published a message online about an increase in anti-Semitic behaviour, particularly towards Jewish students on campuses.
A man then responded with the bloodied swastika and Star of David image with the caption: “The irony of becoming what you once hated.”
He wrote there was “nothing endangering Jewish students”, claiming the UJS was “exploiting them to push pro-genocide propaganda and deflect Israel’s responsibility for murdering 40,000 civilians”.
Mr Hearn reported the post but was told while there was “no doubt the comments and pictures of this report are offensive” it was not criminal.
An officer emailed Mr Hearn, 49, to say that under the Malicious Communications Act, a digital message had to be “grossly offensive … a very high legal threshold to pass”.
‘Balance to strike’
The officer added: “As well as this, there is a balance to strike in relation to issues around Article 10 of the Human Rights Act which protects people’s freedom of expression. It allows people to say things ‘that offend, shock or disturb the state or any section of the population’.”
He concluded by saying that he and senior officers “do not believe that they [the messages] are grossly offensive as per the legislation, and as such no criminal offence has taken place”.
He added that because “no further relevant action” could be taken, the matter would be recorded as a “hate incident” on the police system.
Mr Hearn replied saying: “I fail to see how posting the image of race-hate swastika at Jews is not grossly offensive, particularly when the Met Police are arresting people for holding exactly that image.”
A number of arrests were made during pro-Palestine marches after people held placards featuring similar images of the Star of David linked to a swastika.
Mr Hearn said: “This man has been posting swastikas and making Nazi comparisons at Jewish organisations and individuals including myself and the Chief Rabbi.
“One was even sent in reply to a post mourning a Holocaust survivor who passed away. His attacks often appear to be triggered by complaints about the huge rise in hate crimes, which government statistics say have doubled against Jews in the last year.
“This abuse which uses Holocaust-based symbols and tropes to taunt Jews for a second time, is not only designed to cause maximum distress but also to silence people speaking up about anti-Jewish racism.
“I hoped that Cambridgeshire police would treat this matter with the seriousness it deserves. However, they have ruled that it is not ‘grossly offensive’.
“If posting a swastika, the symbol of evil and the Holocaust, at Jews is not grossly offensive, then nothing is. Particularly when intertwined with the symbol of Judaism to compare Jews with Nazis, legitimising more attacks.”
The Cambridgeshire Constabulary has been contacted for a comment.
