New guidelines released by the Broadcasting Standards Authority on media coverage of gender issues have rightly reaffirmed the importance of press freedom and free expression. However, the open threshold around ‘harm’ must be carefully used so as not to become effective-hate speech laws for the press, says Jonathan Ayling, Chief Executive of the Free Speech Union

“It is encouraging to see the BSA’s firm affirmation of press freedom and freedom of speech as important considerations in the regulation of media content.

“Democracies are founded on these freedoms and they must always be kept front of mind when constraint on content is being considered. Here, the guidelines correctly leave broadcasters with a free hand to choose how they report on gender identity issues, such as the use of inclusive language and reporting decisions.

“Nonetheless, the BSA must remain weary of becoming an enforcer of effective-hate speech laws for the media. The guidance correctly ensures a high threshold to be met to limit free expression, but the use of ‘harm’ to justify limiting press freedom remains a subjective threshold open to overreach.

"The language of broadcasters should not be policed by any side of contested subjects, and the BSA must not use its role to privilege certain viewpoints or beliefs.

"The Government is proposing further limitations to press freedom and free speech by extending regulation to online personal speech. These guidelines released by the BSA give us an indication of the form 'codes' may take. It is imperative that all expressive rights are robustly defended and not subject to a ‘death by 1,000 cuts’."

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