On Saturday 17 May, veteran human rights campaigner Peter Tatchell was arrested. Tatchell is no stranger to arrest. When he celebrated his 70th birthday in January 2022, his post marking the occasion said he’d been arrested 100 times. At the end of that year he added another one to the list, this time in Qatar, where he was protesting the country’s criminalisation of LGBTQ+ people ahead of the World Cup. That arrest wasn’t exactly surprising. Qatar doesn’t tolerate protest, much as it doesn’t tolerate gay people. 

But Saturday’s arrest was different. Tatchell was detained in central London while peacefully partaking in a large-scale pro-Palestine march. Another twist: Tatchell believes he was reported to the police by the protest organisers themselves because his message called out Hamas, as well as the Israeli government. He was carrying a placard that read: “STOP Israel genocide! STOP Hamas executions! Odai Al-Rubai, aged 22, executed by Hamas! RIP!” The police also said Palestine march stewards told them he shouted “Hamas are terrorists”, which he firmly denies. 

Let’s pause here for a moment. For the past two months protests have been taking place in Gaza against Hamas. In response, Hamas has reportedly issued orders via one of its Telegram channels for the execution of all “traitors and troublemakers”. Odai Al-Rubai was one of them. According to his family he was brutally beaten and his lifeless body dumped outside his home with the message: “This is what happens to people who criticise Hamas.” According to Tatchell, who wrote a blog post on his website in response to Saturday’s arrest, others have suffered a similar fate. 

Tatchell’s point was simple: if you care about Palestinian lives, you should care about all the forces threatening them – including Hamas. For that, he says, he was told by a small minority of protesters at the start of the march to “fuck off”, “get out of here” and called “Zionist scum” (the police incidentally did nothing) before being reported on and taken away.  

The idea that calling out Hamas somehow makes you an enemy of the Palestinian cause is bonkers, frankly. And yet this idea has taken hold. I’ve experienced this myself. In the past 19 months I’ve frequently criticised Israel for its attacks on freedom of expression (and human rights more broadly). But the moment I mention Hamas, the tone shifts. Eyes roll. The atmosphere chills. It’s not just that people seem uncomfortable with the idea of pulling up anyone from Gaza, there’s a suggestion there too: “well, you would say that – you’re Jewish”. 

For me the response has been frustrating – if we’re talking about freedom of expression violations we have to be consistent. Hamas isn’t exempt. Eye roll all you want; for others though, the treatment has been far worse. Add to the Tatchell example these: A recent report looking at the state of freedom of expression in the UK arts sector detailed how an artist was bullied out of a collective for criticising Hamas; Ahmed Fouad Alkhatib, a Gazan peace activist living in the USA, is relentlessly targeted online — including with death threats — for condemning the group. 

Such division, and the inconsistency in approach, is deeply unhelpful. At Index on Censorship we frequently defend the right of peaceful pro-Palestinian voices to be heard because they absolutely have experienced significant silencing – around the world, including in the UK – and that is wrong. Now some within those same spaces are turning on others. It’s a textbook case of free speech for me, not for thee – and it too is wrong. 

That the police complied might also look like an anomaly. In truth, it was the result of several disturbing patterns converging. Tatchell was arrested at a protest, and whilst standing in a designated area, something he was forced to point out to the police. Stories like this are fairly par for the course with UK demonstrations these days since the last government pushed through sweeping anti-protest laws. In one of the most stark signs of police overreach, 87-year-old Holocaust survivor Stephen Kapos was questioned earlier this year under caution by police in connection to his peaceful involvement in a pro-Palestine demonstration in January.

In many of these cases, the police don’t seem to be exercising much judgment. With Tatchell, they acted on a report and arrested a protester whose placard was critical, not hateful. He was accused of “racially and religiously aggravated breach of the peace”, and of being part of a counter-protest movement. Perhaps they saw the word Hamas and jumped to the conclusion that he was promoting the group? Perhaps they didn’t read his words before it accusing Israel of genocide? Perhaps they didn’t see his “Free Palestine” badge?

Whatever the reason, it’s lazy work. The police appear to be acting more like blunt algorithms than sentient beings, and it’s not unique to Tatchell. As The Economist warned in its latest issue, police in Britain are arresting 30 people per day for speech online, double the 2017 rate. Some are for serious crimes, while others are for posts that people have found offensive, which fall short of the threshold of being a crime. 

So his arrest wasn’t surprising. But it was, and is, deeply worrying. And it was a reminder of several important things, one being that the UK’s draconian protest laws need to go. Several organisations are fighting the new legislation and others need to join in. Beyond these laws the police need to be better trained on the nuances around speech. Their job is to keep the public safe, not to reach for handcuffs every time someone gets reported on. 

Finally, those in the protest movement who treat Hamas as beyond reproach should pause to reflect on the name Odai Al-Rubai – a young protester silenced by the very group claiming to defend his people. Great movements can come undone by the authoritarianism within them that they fail to confront, as much as by their enemies. To protect the cause, protesters must stop defending those who would never defend them.