The week in free expression: 22 August – 29 August 2025

Bombarded with news from all angles every day,  important stories can easily pass us by. To help you cut through the noise, every Friday Index publishes a weekly news roundup of some of the key stories covering censorship and free expression. This week, we look at the Israeli “double-tap” strike on a hospital that killed 20 people, and the sexual misconduct libel case of actor Noel Clarke.

In public interest: Actor Noel Clarke loses libel case against The Guardian

Prominent English actor Noel Clarke has lost a lengthy sexual misconduct libel case in High Court against The Guardian in which 26 witnesses testified against him.

The landmark case was based on a series of articles and a podcast published by the Guardian between April 2021 and March 2022 in which more than 20 women accused Clarke of sexual misconduct, with allegations ranging from unwanted sexual contact to taking and sharing explicit pictures without consent. The actor claimed that these allegations were false, bringing libel charges against the Guardian over what he believed was an unlawful conspiracy, reportedly seeking £70 million in damages if his case was successful. 

Mrs Justice Steyn, ruling on the case, gave the verdict that the Guardian succeeded in defending themselves against the legal action on truth and public interest grounds, with Steyn stating that Clarke “was not a credible or reliable witness”, and that his claims of conspiracy were “born of necessity” due to the sheer number of witnesses testifying against him. In a summary of the findings, she ruled that the allegations made were “substantially true.” 

The UK Anti-SLAPP Coalition, headed by Index on Censorship, have stated that while this is a crucial ruling, the case “exerted a significant toll on The Guardian and its journalists”, and that a universal anti-SLAPP law is necessary to avoid similar situations from occurring. Index also stated that “public interest journalism needs greater protections”. Katharine Viner, editor-in-chief of the Guardian, wrote this was a landmark ruling for investigative journalism and for the women involved. During proceedings, the court heard that one woman had been  threatened with prosecution by Clarke’s lawyers in what was described by the lawyer acting for the Guardian as an attempt at witness intimidation.

Back–to–back strikes: more journalists killed in “double tap” attack on Gaza hospital

An Israeli attack in which two missiles hit back-to-back on the same Gaza hospital has killed at least 20 people, including four health workers and five journalists.

The attack struck Nasser Hospital in Khan Younis, southern Gaza Strip, at approximately 10am on Monday 26 August. An initial missile hit the hospital, killing at least one person – then approximately ten minutes later, when rescue workers and journalists had flooded the scene, a second strike hit the hospital. This second attack was broadcast live on Al Ghad TV, and showed a direct hit on aid workers and reporters,. The nature of the attack has led to it being dubbed a “double-tap”, a military tactic in which an initial strike on a target is followed up shortly after with a second strike, which targets those who rush to the scene.. The IDF have released an initial inquiry into the attack, and are further investigating “several gaps” in how this incident came to pass.

The five media workers killed were Reuters journalist Hussam al-Masri who died in the initial strike, and Mohammad Salama of Al-Jazeera, Mariam Dagga of Associated Press, Ahmed Abu Aziz of Middle East Eye, and independent journalist Moaz Abu Taha killed subsequently. The attack follows a targeted Israeli strike on 10 August that left four Al-Jazeera journalists and three media workers dead. The Committee to Protect Journalists have documented that at least 189 Palestinian journalists have been killed by Israeli attacks in Gaza since the start of the war.

Putting out fires: Trump attempts to ban the burning of American flags

Donald Trump is moving to ban the burning of United States flags – an act that has been protected under a Supreme Court ruling since 1989.

Stating that burning the flag “incites riots at levels we’ve never seen before,” Trump signed an executive order that calls for Attorney General Pam Bondi to challenge a court ruling that categorises flag burning as legitimate political expression under the constitution. He outlined how anyone caught committing the offence would be subject to one year in jail – a statement that will be tested soo. Mere hours after signing the order a 20-year-old man was arrested for burning an American flag just outside the White House.

The White House published a fact sheet that described desecrating the American flag as “uniquely and inherently offensive and provocative”, and referenced the burning of the flag at the 2025 Los Angeles protests alongside conduct “threatening public safety”. They argue that despite the 1989 ruling, the Supreme Court did not intend for flag burning that is “likely to incite imminent lawless action” or serve as a form of “fighting words’” to be constitutionally protected.

The crime of online activism: Iranian activist sentenced to prison over social media activism

Iranian student activist Hasti Amiri has been sentenced in absentia to three years in prison for her social media advocacy for women’s rights and against the death penalty.

Amiri, who previously served 7 months in a Tehran prison in 2022 over her anti-death penalty stance, has been sentenced by a Revolutionary Court in Iran to three years imprisonment and a 500 million Iranian rial fine for “spreading falsehoods” and “propaganda against the state”, as well as a 30.3 million rial fine for appearing without a hijab in public.

Amiri reported all of the charges against her in a post on Instagram, writing that “When simply opposing the death penalty is considered propaganda against the state, then execution itself is a political tool of intimidation”. She is the latest human rights activist to face criminal charges in Iran – Sharifeh Mohammadi was recently sentenced to death for “rebelling against the just Islamic ruler(s)”, and student activist Motahareh Goonei was this week sentenced to 21 months in prison for the same crime of “propaganda against the state”.

Reforming local government: Reform UK bans local press access in Nottinghamshire

Journalists from the Nottingham Post have been banned from speaking to Reform UK members of Nottinghamshire County Council in what has been called a “massive attack on local democracy.” 

Mick Barton, Reform’s council leader in Nottinghamshire reportedly took issue with the paper following an alleged dispute over an article covering a disagreement between councillors. The decision has been condemned by three former county council leaders, and has drawn scrutiny from national groups such as the National Union of Journalists and the Society of Editors.

The ban also covers reporters at the Nottingham Post from the BBC-funded Local Democracy Reporting Service which shares stories with media outlets across the country. The newspaper has also found out that press officers at the council have been told to take  reporters off media distribution lists, meaning they won’t get press releases or be invited to council events. Leader of the opposition and former council leader Sam Smith criticised the ban: “The free press play a key role in keeping residents informed of actions being taken by decision makers and in return the press express the views of residents to the politicians and public in publishing balanced articles.”

Reform MP for Ashfield Lee Anderson, who has a history of disagreements with the Nottingham Post, has announced that he will also be joining the boycott. This follows social media posts from the MP accusing journalists of having a negative bias towards the party.

Fictitious legal letter threatening legal action is sent to every sitting MP

On 11 September 2024, a spoof legal letter from fictitious law firm, Silver, Langston and Percival Partners was sent to every sitting MP in the House of Commons. The letter, claiming to be acting on behalf of an anonymous claimant, calls on MPs to “publicly retract [their] statements and apologise”, or face court proceedings. While it is a spoof letter, it includes language taken from real legal letters that have been sent to public watchdogs in the UK.

The letter was organised by the UK Anti-SLAPP Coalition, a coalition of civil society organisations seeking to put an end to the legal harassment of those speaking out in the public interest. The aim of the letter is to demonstrate to MPs how public watchdogs are being unduly targeted by legal threats and to demonstrate how aggressive those letters are. Legal threats are seldom seen in public as the target is often intimidated into silence.

Without meaningful protections against SLAPPs, those with power and money can continue to abuse the law to silence those speaking out in the public interest. The UK Anti-SLAPP Coalition has documented SLAPP threats targeting a wide range of people including journalists, sexual violence survivors, local community groups and campaigners, and environmental defenders. With the previous SLAPP Bill dead after the announcement of the General Election and no commitment for an Anti-SLAPP law in the recent King’s Speech, there is currently no legislative timetable for picking up where the last government left off. This is despite the issue enjoying strong cross-party support.

Rachel Blake MP (Labour) said:

“SLAPPs are harmful to our democracy. They enable those who can afford it to pursue legal action to silence critical speech and avoid scrutiny, and I would welcome action to prevent their use.”

Jamie Stone MP (Liberal Democrat) said:

“SLAPPs should not be used to suppress freedom of speech and silence criticism. Cracking down on investigative journalism threatens our democracy. We should not risk curtailing the freedoms of our press and our society. A new law is needed to ensure that the importance of journalism and free press in the UK is fairly upheld and protected.”

Nik Williams, Policy and Campaigns Officer at Index on Censorship & Co-chair of the UK Anti-SLAPP Coalition, who coordinated this campaign initiative, said:

“Receiving a threatening legal letter can be a daunting and terrifying experience. We have spoken to many SLAPP targets who have described the turmoil, stress and emotional distress, as well as the financial implications, that this brings. Without a universal and accessible anti-SLAPP Law, everyone who speaks out in the public interest will remain vulnerable to the type of threat sent to every MP. The UK Anti-SLAPP Coalition renews our call for the UK Government to move fast to protect free speech and british courts from the type of abuse that stifles all speech, whether that is a journalist reporting on an oligarch, a sexual abuse survivor naming their attacker, or a local campaigner standing up for their community.”

For press enquiries, please contact: Jessica Ní Mhainín, head of policy and campaigns at Index on Censorship & Co-chair of the UK Anti-SLAPP Coalition: [email protected]

Notes:
● The UK Anti-SLAPP Coalition website
● Photo credit: Tania Naiden
● The legal letter was emailed to every MP on Wednesday 11 September. A printed version of the letter was also posted to a small number of MPs. You can see the letter below.
● The Model Anti-SLAPP Law prepared by the UK Anti-SLAPP Coalition.

Background:
The UK Anti-SLAPP Coalition is an informal working group established inJanuary 2021, co-chaired by the Foreign Policy Centre, Index on Censorship and CliDef. It comprises a number of freedom of expression, whistleblowing, anti-corruption and transparency organisations, as well as media lawyers, researchers and academics who are researching, monitoring and highlighting cases of legal intimidation and SLAPPs, as well as seeking to develop remedies for mitigation and redress.

 

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