BBC ‘giving wrong advice’ to pro-Palestinian groups over protests …

The BBC[1] has been accused of giving inaccurate advice to pro-Palestinian protesters by a Jewish lawyers group. The corporation has published a guide titled "When can protesting over the Gaza war be illegal in the UK?" which covers issues such as when and where it is legal to fly a flag. UK Lawyers for Israel warned that the article carries "serious inaccuracies" and "risks encouraging people to break the law".

The group, whose members include Lord Carlile[2], the former independent reviewer of terrorism legislation, Lord Dyson, the former Master of the Rolls and leading barrister Lord Pannick KC, have lodged a complaint with the BBC over the guide. They challenge the claim that people are allowed to fly flags on private property "as long as it meets standard conditions such as it being in a safe location and not obscuring roads or railways".

The complaint states: "This is not correct. It is generally contrary to planning regulations to fly a flag outside a building, or even inside a building within one metre of an external door, window or other opening through which it is visible from outside the building, unless planning permission is obtained."

There are exemptions, including flying a country's national flag, the lawyers note. Jonathan Turner, the chief executive of UK Lawyers for Israel, said: "It is very unsatisfactory that the BBC is encouraging unlawful conduct, particularly in this highly sensitive context. "It also gives the appearance that BBC journalists are keen to encourage demonstrations hostile to Israel and adds to concerns that the BBC is fundamentally biased against Israel."

The BBC has come under repeated criticism over its coverage of the conflict, including for its refusal to describe Hamas a terrorist organisation[3], opting instead to use the word "militants". The new guide quotes a human rights lawyer Peter Walker saying that it is "extremely unlikely that waving a Palestinian (or Israeli) flag could ever be construed as intending to glorify acts of terrorism" but the "important thing to remember was context". He added: "Waving a flag or bearing a symbol in a deliberately offensive and provocative way could lead to an arrest.

Whether it would hold up in court is probably a different matter." The Metropolitan Police has said that holding up a Palestinian flag is not a criminal offence[4], but that it could be if there were "aggravating factors" which would be assessed on a "case by case basis". A BBC spokesman said: "Careful consideration has been given to all aspects of our coverage to ensure that we report on developments impartially and accurately.

"This article answers questions that our audiences have asked us about the protests.

Any complaints we receive will be looked into and followed up accordingly.

As stated within the piece, the BBC will continue to update the article to reflect developments."

References

1. ^ BBC (www.telegraph.co.uk)
2. ^ Lord Carlile (www.telegraph.co.uk)
3. ^ refusal to describe Hamas a terrorist organisation (www.telegraph.co.uk)
4. ^ The Metropolitan Police has said that holding up a Palestinian flag is not a criminal offence (www.telegraph.co.uk)