In an illustrative example of the extent to which speech has been criminalized, UK police investigated a nine-year-old child for calling a classmate a "retard." In a separate incident, two secondary schoolgirls were recorded for a "hate incident" after telling a peer they smelled "like fish." These playground disputes, though undeniably impolite, are now being noted as "non-crime hate incidents" (NCHIs), highlighting the increasingly excessive measures taken by authorities to regulate speech.

This issue is not confined to Britain. Across Europe, in countries like Germany and France, similar patterns are emerging where legitimate criticism, expressions of frustration, and even childish insults are being criminalized, sparking serious concerns about free speech and governmental overreach.

Children Caught in the Speech Regulation Net

Freedom of information requests have shown that children are among thousands being investigated for NCHIs. These incidents are documented despite government guidelines indicating they should only apply to actions "clearly motivated by intentional hostility" and posing a real threat of escalating into significant harm or criminal activity.

Recording incidents like these—basic schoolyard conversations—defies common sense. It strains police resources and sets a worrying precedent where harmless yet inappropriate comments are viewed as issues for law enforcement.

A Concerning Trend Across Europe

The UK is not alone in its approach to policing speech. In Germany, citizens have faced raids for sharing memes critical of government officials. In France, protests against corruption and mismanagement have been labeled as "hate speech" and faced harsh crackdowns. Across these countries, legitimate expressions of dissent or criticism are increasingly being treated as criminal or nearly criminal actions.

Critics contend that this is not about protecting marginalized groups—it is about stifling dissent. Governments are using the guise of combating hate to quell criticism of their own failings, corruption, and incompetence.

The True Cost of Criminalizing Speech

The absurdity of regulating schoolyard insults is clear, especially when crime rates in parts of Europe are on the rise and law enforcement budgets are constrained. Resources spent tracking playground squabbles or social media posts could be better directed toward addressing serious crimes.

Moreover, this trend undermines the very principles of democracy. Free speech, even when offensive, is crucial for holding governments accountable. Criminalizing words—particularly those far from genuine hostility—stifles public discourse and discourages dissent.

A Risky Path for Free Expression

The wider implications of these policies cannot be overlooked. Today, it is a nine-year-old flagged for a careless remark; tomorrow, it could be any citizen expressing legitimate criticism of government policies. Where does it stop?

Criticism, even when harsh, is critical in a functioning democracy. It ensures transparency, accountability, and the ability to challenge authority. Treating playground comments or political memes as hate incidents undermines these principles and paves the way for pervasive surveillance and suppression.

The Need for Change

The increase in NCHIs across Europe necessitates a reevaluation of these policies. Law enforcement should not be charged with policing thoughts or feelings. Guidelines must be clarified to prevent the documentation of incidents that are trivial, subjective, or clearly outside the realm of intentional hostility.

European governments must also cease conflating legitimate criticism with hate speech. While hate speech laws should focus on genuine incitement to violence, they are increasingly being abused to silence dissent and shield political elites from scrutiny.

Protect Free Expression, Focus on Real Crimes

The cases of the nine-year-old and the schoolgirls illustrate the absurdity of current policies. Regulating speech in such a manner not only misuses resources but also erodes public trust in government and law enforcement.

Europe must establish boundaries and reaffirm the significance of free expression. Without it, democracy itself risks becoming a mere façade, where citizens are too fearful to voice their opinions due to potential repercussions.