
Table of contents
Approximate read time: 14 minutes
On 30 January 2025 the House of Lords will debate in grand committee the following question for short debate:
Baroness Foster of Aghadrumsee (non-affiliated) to ask His Majesty’s Government what steps they are taking to deal with the glorification of terrorism and terrorists in the United Kingdom.
This briefing considers key statutory definitions of terrorism, the government’s approach to counter-terrorism and summarises recent legislative proposals.
1. Key statutory definitions
1.1 What is the definition of terrorism?
Terrorism is defined in legislation under the Terrorism Act 2000. Section 1 of the act states that terrorism means the use or threat of one or more of the following actions:
- serious violence against a person
- serious damage to property
- endangering a person’s life (other than that of the person committing the action)
- creating a serious risk to the health or safety of the public or a section of the public
- action designed to seriously interfere with or seriously to disrupt an electronic system[1]
The use or threat of action must be designed to influence the government or an international governmental organisation or to intimidate the public or a section of the public and must be undertaken for the purpose of advancing a political, religious, racial or ideological cause.[2] However, the use or threat of action that involves the use of firearms or explosives is terrorism regardless of whether it is designed to influence or intimidate those parties.
The act also covers action outside of the United Kingdom.[3]
The 2000 act gives powers to the home secretary to proscribe an organisation if they believe it is “concerned in terrorism” and it is proportionate to do so.[4] Under section 3(4) of the act, an organisation is concerned in terrorism if it:[5]
- commits or participates in acts of terrorism
- prepares for terrorism
- promotes or encourages terrorism, including the unlawful glorification of terrorism
- is otherwise concerned in terrorism
The decision to proscribe an organisation is subject to parliamentary approval.[6] As of April 2024, there were 81 terrorist organisations proscribed under the Terrorism Act 2000 and 14 organisations in Northern Ireland proscribed under previous legislation.[7]
The 2000 act established several proscription offences, including:[8]
- belonging or inviting support for a proscribed organisation
- arranging or assisting with the arrangement of a meeting that supports a proscribed organisation
- addressing such a meeting
- wearing clothing or displaying articles in public which arouse suspicion of membership or support of a proscribed organisation
The Counter-Terrorism and Border Security Act 2019 inserted new offences into the 2000 act. This included section 12(1a) of the 2000 act, which made it an offence for a person to express an opinion or belief that is supportive of a proscribed organisation and in doing so is reckless as to whether a person to whom the expression is directed will be encouraged to support a proscribed organisation.[9]
Further information on proscribing terrorist organisations, including legislation that was enacted before the Terrorism Act 2000, can be found in the House of Commons Library briefing ‘Proscribed terrorist organisations’ (16 April 2024).
1.2 How is glorifying terrorism defined?
Section 1 of the Terrorism Act 2006 makes the encouragement of terrorism an offence. It applies to any statement to members of the public which is “likely” to be understood as a direct or indirect encouragement to the commission, preparation or instigation of “acts of terrorism”.[10]
Glorifying terrorism is included within this offence under section 1(3) of the 2006 act. It says:
For the purposes of this section, the statements that are likely to be understood by a reasonable person as indirectly encouraging the commission or preparation of acts of terrorism or convention offences include every statement which—
(a) glorifies the commission or preparation (whether in the past, in the future or generally) of such acts or offences; and
(b) is a statement from which members of the public could reasonably be expected to infer that what is being glorified is being glorified as conduct that should be emulated by them in existing circumstances.[11]
Glorification includes any form of praise or celebration.[12]
As part of a report published in 2023, the independent reviewer of terrorism legislation, Jonathan Hall KC, considered whether legislation on the encouragement and glorification of terrorism under the 2006 act should be amended.[13] Mr Hall explained that it is an offence under section 1 of the 2006 act if:
[…] the defendant who makes the statement in public either intends members of the public to be encouraged or is reckless as to whether they will be (this means, is aware of the risk that they will be encouraged but nonetheless goes on and takes the risk).[14]
He further stated that it did not matter if the encouraged terrorism was a specific act or acts of terrorism in general.
Mr Hall contended that if a person implies that a terrorist attack should be copied “it is encouragement; but otherwise not”.[15] He argued therefore that whilst section 1 did not automatically apply to any glorification of historic attacks, it would if “this amounted to calling for those attacks to be emulated or copied today”. He suggested this could “be a fine distinction”.
On the question of whether section 1 of the 2006 act should be adapted, Mr Hall considered the suggestion that it should be an offence to “merely glorify acts of terrorism, without any prospect that members of the public should seek to emulate it”.[16] He argued against creating such an offence.[17] Mr Hall contended:
I have already considered […] the difficulties inherent in fashioning criminal liability merely for supporting terrorist acts (How far back in history? Would it cover arguably justified acts of terrorism?). The same difficulties would apply to an offence of glorifying terrorist acts. It is impossible to formulate a mere glorification offence within acceptable limits.
In any event, it would be unacceptable for a person to be convicted of a serious terrorism offence because of words used, without reference to their state of mind.[18]
He also considered what he termed the “practical implications of a glorifying offence”. He argued:[19]
- The offence applies to online encouragement, therefore it would apply to thousands, if not millions of people online “whose sick pleasure it is to engage in competitive praise” and “generally indulge in transgressive glorification of violence including terrorist violence”.
- It would not be possible to make such an offence because of the number of people who would end up being prosecuted as terrorists.
- It does “no favours” to the police, MI5 and the probation service to “extend the pool of terrorist offences unnecessarily”. Mr Hall argued that the authorities would either have to divert their resources or ignore the new offences.
In conclusion, Mr Hall recommended against amending section 1 of the Terrorism Act 2006.
2. Counter-terrorism strategy
2.1 Overview of CONTEST
The UK’s counter-terrorism strategy, CONTEST, is based on 4 principles:
- prevent: to stop people becoming terrorists or supporting terrorism
- pursue: to stop terrorist attacks happening
- protect: to strengthen our protection against a terrorist attack
- prepare: to minimise the impact of a terrorist attack[20]
The aim of CONTEST is to “reduce the risk from terrorism to the UK, its citizens and interests overseas, so people can live freely and with confidence”.[21]
In 2023, the Conservative government under Rishi Sunak published a new version of CONTEST, which updated the 2018 iteration.[22] The 2023 strategy said its “world leading framework” remained unchanged.[23] However, it said that in the “face of an evolving threat”, the UK’s counter-terrorism response would be “even more agile.”[24] The strategy identified several factors that made the terrorism threat “more diverse, dynamic and complex”:[25]
- a domestic terrorist threat which is less predictable, harder to detect and investigate
- a persistent and evolving threat from Islamist terrorist groups overseas
- an operating environment where accelerating advances in technology provide both opportunity and risk to our counter-terrorism efforts
It said that to counter these threats, the updated response would include:[26]
- Ensuring that counter-terrorism investigations draw on an increased range of expert advice and non-law enforcement interventions, such as expertise in healthcare, education, and social services.
- Maintaining investment in critical threat assessment capabilities.
- Deepening international counter-terrorism partnerships.
- Strengthening the UK border and taking advantage of immigration tools, detection, targeting and biometric capabilities to identify and block threats from entering the UK.
- Continuing to invest in the identification of future threats and opportunities presented by technology.
- Engaging with the tech sector and participating in the international effort to “suppress terrorist exploitation of the internet”. This would include co-operating with companies on a bilateral basis and partnerships with non-governmental organisations and multilateral forums.
- Enabling access to data needed to investigate and disrupt terrorist activity by setting international data standards.
On the impact of terrorism in the UK, the strategy reported that:[27]
- since 2018, nine terrorist attacks had been declared in the UK, killing six people and injuring 20
- since 2018, 24 UK nationals had been killed in 11 attacks overseas
- since March 2017, law enforcement agencies had disrupted 39 late-stage terrorist plots in the UK
- in the UK, the primary domestic terrorist threat came from Islamist terrorism, which accounted for approximately 67% of attacks since 2018, about three-quarters of MI5 caseload and 64% of those in custody for terrorism-connected offences
- the remainder of the UK domestic terrorist threat was “driven almost exclusively by extreme right-wing terrorism”, which amounted to approximately 22% of attacks since 2018, about a quarter of MI5 caseload and 28% of those in custody for terrorism-connected offences
2.2 Recent announcements on the government’s counter-terrorism approach
On 21 January 2025, Prime Minister Keir Starmer made a statement about the newly announced public inquiry into the stabbings that occurred in Southport in July 2024, where three girls who were attending a dance workshop were killed.[28] During the statement, Mr Starmer said that the nature of terrorism had changed:
In the past, the predominant threat was highly organised groups with clear political intent. Groups like Al-Qaeda.
That threat of course remains. But now, alongside that we also see acts of extreme violence perpetrated by loners, misfits, young men in their bedroom, accessing all manner of material online, desperate for notoriety.
Sometimes inspired by traditional terrorist groups. But fixated on that extreme violence, seemingly for its own sake.[29]
He said that in response to this change, the government would be reviewing its “counter-extremist system” and that work was “already underway”.[30] In addition, Mr Starmer said that if the law needed to change to “recognise this new and dangerous threat”, then the government would “change it—and quickly”.
The launch of the public inquiry had been announced by Home Secretary Yvette Cooper on 20 January 2025. In her statement, Ms Cooper also announced that the government would be publishing reforms to the Prevent programme.[31] The following day, Ms Cooper confirmed in a statement to the House of Commons that there would be a “thorough review” of Prevent.[32]
The UK’s ‘Prevent strategy’ is part of CONTEST.[33] Its aim is to “stop people from becoming terrorists or supporting terrorism”. The objectives of Prevent are to:
- tackle the ideological causes of terrorism
- intervene early to support people susceptible to radicalisation
- enable people who have already engaged in terrorism to disengage and rehabilitate[34]
Under the Prevent programme, specific authorities, such as education, health, local authorities, police and criminal justice agencies, have a duty to prevent people from being drawn into terrorism.[35] This duty was placed on a statutory footing by the Counter-Terrorism and Security Act 2015.
In December 2024, the government announced it would be creating a new independent Prevent commissioner with the power to review cases and ensure standards are being met.[36] On 21 January 2025, the home secretary announced she had appointed Lord Anderson of Ipswich as the interim Prevent commissioner.(HC Hansard, 21 January 2025, col 875.))
3. Recent legislative proposals
It is 2024 general election manifesto, the Labour Party argued that terrorism remained a “significant” threat.[37] It made a commitment to:
[…] bring in ‘Martyn’s Law’ to strengthen the security of public events and venues. We will update the rules around counter-extremism, including online, to stop people being radicalised and drawn towards hateful ideologies. Labour will also ensure the police and intelligence services have the powers and resources they need to protect the British people from terrorism and hostile espionage.[38]
On 12 September 2024, the government introduced the Terrorism (Protection of Premises) Bill, which is widely known as ‘Martyn’s law’.[39] The bill would introduce requirements on those responsible for certain publicly accessible premises and events to implement measures in the event of a terrorist attack, for example evacuation plans. It would also require certain larger venues and events to take steps to reduce their vulnerability to terrorist attacks. The government has argued the legislation is necessary due to the changing threat by terrorism, with attacks in recent years showing that the public can be targeted in a wide range of venues and spaces.[40] The government also highlighted that the UK’s approach to protective security had been voluntary to date.
This bill is commonly termed as Martyn’s law because it implements many of the proposals called for by the campaign led by Figen Murray, who lost her son Martyn in the Manchester Arena terrorist attack in May 2017.[41] There have been various calls for the legislation since both the Manchester Arena attack and the London Bridge terrorist attack in June 2017, including from the coroners at the inquests into both attacks. Prior to the 2024 general election, former Conservative governments had explored options in this area. This included the introduction of draft legislation and a consultation.[42].
The bill has completed its stages in the House of Commons and is currently in committee stage in the House of Lords.
Further information on the policy background to the bill and on its provisions can be found in the House of Lords Library briefing ‘Terrorism (Protection of Premises) Bill’ (20 December 2024).
The Labour Party also made a commitment in its manifesto to repeal and replace the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which contains provisions concerning historic Troubles-related offences in Northern Ireland.[43] The government begun the process of repealing the legislation in December 2024 through a remedial order and said that it would also be introducing primary legislation “when parliamentary time allows”.[44]
However, there has been some debate about the implications the act’s repeal would have for the rights of certain individuals interned during the Troubles.[45]
Further information on the 2023 act can be found in the House of Lords Library briefing ‘Northern Ireland Troubles (Legacy and Reconciliation) Bill’ (14 July 2023). Background to the government’s plans to replace it can be found in the Library briefing ‘King’s Speech 2024: Devolved affairs’ (11 July 2024).
4. Read more
4.1 Reports and guidance
- Home Office, ‘CONTEST 2023 factsheet’, 18 July 2023
- Home Office, ‘Prevent and channel factsheet: 2024’, 5 December 2024
- Home Office, ‘Prevent duty guidance: For England and Wales (2023)’, 6 March 2024
- Independent Reviewer of Terrorism Legislation, ‘The Terrorism Acts in 2022’, 28 November 2024
- Home Office, ‘Independent review of Prevent: One year on progress report’, 20 February 2024
4.2 Briefings
- House of Commons Library, ‘Terrorism in Great Britain: The statistics’, 19 July 2022
- House of Commons Library, ‘Draft Terrorism (Protection of Premises) Bill’, 16 October 2023
- House of Lords Library, ‘Counter-Terrorism and Sentencing Bill: Briefing for Lords Stages’, 2 September 2020
- House of Commons Library, ‘Implementation of the Prevent strategy’, 31 January 2017
- Policy Exchange, ‘Misjudging Parliament’s reversal of the Supreme Court’s judgment in R v Adams’, 14 January 2025
4.3 Parliamentary material
- House of Commons, ‘Written statement: Preventing radicalisation (HCWS327)’, 17 December 2024
- House of Commons, ‘Written statement: CONTEST, the United Kingdom’s strategy for countering terrorism, 2023 (HCWS967)’, 18 July 2023
- Debate on ‘Terrorism: Contest strategy’, HL Hansard 3 February 2020, cols 1694–708
Cover image by Scott Rodgerson on Unsplash.
References
- Crown Prosecution Service, ‘Terrorism’, accessed 16 January 2025. Return to text
- As above. Return to text
- Terrorism Act 2000, s 1(4). Return to text
- Home Office, ‘Proscribed terrorist groups or organisations’, updated April 2024. Return to text
- Terrorism Act 2000, s 3(4). Return to text
- Home Office, ‘Factsheet: Proscription’, 15 September 2023. It requires the approval of an affirmative statutory instrument. Return to text
- Home Office, ‘Proscribed terrorist groups or organisations’, updated 26 April 2024. Return to text
- Terrorism Act 2000, ss 11–13. Return to text
- Counter-Terrorism and Border Security Act 2019, s 1; and Terrorism Act 2000, s 12(1a). Return to text
- Terrorism Act 2006, s 1. Return to text
- As above, s 1(3). Return to text
- As above, s 20(2). Return to text
- Reviewer of Terrorism Legislation, ‘Report on terrorism legislation and protests, 23 November 2023. The report was published after a series of demonstrations were held in the UK following Hamas’ attacks in Israel in October 2023 and Israel’s subsequent military response. The report also considered whether legislation on proscribed groups should be amended. Mr Hall’s overall conclusion was that there was no need to legislate for any amendments to terrorism legislation at that time. Return to text
- As above, pp 13–14. Return to text
- As above, p 13. Return to text
- As above, p 14. Return to text
- As above, p 15. Return to text
- As above. Return to text
- As above. Return to text
- Home Office, ‘Counter-terrorism strategy (CONTEST) 2023’, 18 July 2023. Return to text
- As above. Return to text
- HM Government, ‘CONTEST: The United Kingdom’s strategy for countering terrorism 2023’, July 2023, CP 903. Return to text
- As above, p 24. Return to text
- As above, p 5. Return to text
- As above, p 4. Return to text
- As above, pp 5–6. Return to text
- As above, pp 8–11. Return to text
- 10 Downing Street, ‘PM statement on the Southport public inquiry’, 21 January 2025. Return to text
- As above. Return to text
- As above. Return to text
- Home Office, ‘Home secretary statement on Southport’, 20 January 2025. Return to text
- HC Hansard, 21 January 2025, col 875. Return to text
- Home Office, ‘Prevent duty guidance: For England and Wales’, updated 6 March 2024. Return to text
- As above. Return to text
- As above. Return to text
- Home Office, ‘Government outlines new action to tackle radicalisation’, 17 December 2024. Return to text
- Labour Party, ‘Labour Party manifesto 2024’, June 2024, p 14. Return to text
- As above. Return to text
- Home Office, ‘‘Martyn’s Law’ introduced in Parliament to better protect the public from terrorism’, 12 September 2024. Return to text
- Home Office, ‘Terrorism (Protection of Premises) Bill: Overarching factsheet’, 1 November 2024. Return to text
- Home Office, ‘‘Martyn’s Law’ introduced in Parliament to better protect the public from terrorism’, 12 September 2024. Return to text
- See: House of Lords Library, ‘Terrorism (Protection of Premises) Bill’, 20 December 2024 Return to text
- Labour Party, ‘Labour Party manifesto 2024’, June 2024, p 113. Return to text
- HC Hansard, 4 December 2004, col 418; BBC, ‘Hilary Benn begins process of repealing Legacy act’, 4 December 2024; and Northern Ireland Office, ‘A proposal for a remedial order to amend the Northern Ireland Troubles (Legacy and Reconciliation Act) 2023’, 4 December 2024. Return to text
- BBC, ‘Gerry Adams in line for ‘pay day’ if Legacy act repealed’, 14 January 2025; and Lisa O’Carroll and Peter Walker, ‘Starmer says he will strive to prevent Gerry Adams receiving compensation’, Guardian, 15 January 2025. Return to text