Police should focus on catching criminals rather than dealing with social media feuds, according to new guidelines.
Officers are also reminded to respect free speech and not engage in legitimate arguments simply because someone is offended.
The new interim guidance – issued by the College of Policing – also warns officers that they should not record non-criminal hate incidents just because something has been reported to them.
The move follows a successful legal challenge last year over the way police record non-criminal incidents.
Harry Miller, a former police officer, brought a case against Humberside Police after the force registered a non-crime hate incident against him for allegedly sharing a transphobic limerick on Twitter.
In its ruling, the Court of Appeal said recording incidents like this was “clearly an interference with free speech”.
While such information is not revealed in basic DBS checks, it may turn up in enhanced searches for those applying for jobs as teachers or carers.
Under the new guidance, officers are reminded not to record a non-hate crime incident if it is “trivial or irrational” or if “there is no basis to conclude it was motivated by hostility”.
The guidance also states: “Individuals who comment in legitimate debates, for example, on political or social issues, should not be stigmatized simply because someone has been offended.”
Officers will now be told if they feel it is necessary to record a non-crime hate crime, they must do so in the “least intrusive way possible” and must consider not using names or locations.
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‘Legitimate debate without interference’
Andy Marsh, chief executive of the College of Policing, said: “The public rightly expect the police to focus on reducing crime and bringing criminals to justice.
“As we work to protect the most vulnerable in society, we also have a responsibility to protect freedom of speech.
“This updated guidance puts new safeguards in place to ensure people are able to engage in lawful debate without police intervention.”
Mr Marsh stressed that it was important for the police to continue to act where there was evidence of criminality, but he said they should avoid getting involved in frivolous matters.
He added: “Police regularly deal with complex incidents on social media. Our guidelines are there to support officers who respond to these incidents in accordance with the law and not engage in Twitter debates.”
The guidance will remain in place until the Home Office publishes a new code later this year.
Non-criminal hate incidents are still important
Deputy Chief Constable Mark Hamilton, National Police Chiefs’ Hate Crime Council lead, said: “Police recognize the importance of recording and responding to non-criminal hate incidents to protect the public, given the impact they can have to individuals, communities and communities and families.
“It is essential to recognize the damage caused by such incidents and the motivation they can have on others.
“At the same time, we must ensure that our responses are proportionate so that human rights freedoms are protected while also protecting members of the public.”
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