R (on the application of Lynsay Watson) v The Chief Constable of Greater Manchester Police 2025
W, a trans woman, complained about social media posts by C, a 'gender critical' commentator, relating to the murder of transgender girl Brianna Ghey. The posts referred to Brianna using male pronouns and questioned the outcry over the death certificate stating her gender assigned at birth. The police initially decided not to take further action, deeming the posts not 'grossly offensive' under relevant legislation. W sought judicial review of the police decision.
W argued that the posts were 'grossly offensive' and contravened societal standards, negating protections under Article 10. C argued that the posts were legitimate expression on a controversial issue of public interest and were thus protected by Article 10.
Held
Appeal dismissed
The claim for judicial review was dismissed. The decision of Greater Manchester Police to take no further action regarding the social media posts was lawful and correct.
The court applied the legal principles from case law, considering the context of the ongoing public debate on gender recognition issues. It found the posts expressed controversial but lawful opinions on that debate, and did not reach the high 'grossly offensive' threshold that would warrant restricting freedom of expression.
Reproduced with the permission of Reed Elsevier (UK) Limited, trading as LexisNexis
View the full case document here, with links to related legislation and similar cases.
