The chief of the Metropolitan Police has said his officers should not be "policing toxic culture wars debates" as Graham Linehan launches legal action against Scotland Yard.
Sir Mark Rowley was responding to his force’s arrest of the Father Ted co-creator over social media posts at Heathrow Airport.
Following the incident, Mr Linehan has announced plans to sue the force over his treatment.
Sir Mark has now called for the law to be changed and said his officers will now only take action on social media abuse "where there is a clear risk of harm or disorder."
Graham Linehan has had events cancelled as a result of his gender critical stance
| PAThe Met Police chief said in a statement: "On Monday, officers arrested a man in his 50s at Heathrow in relation to allegations of inciting violence, linked to posts on X.
"The officers involved in the arrest had reasonable grounds to believe an offence had been committed under the Public Order Act.
"While the decision to investigate and ultimately arrest the man was made within existing legislation, which dictates that a threat to punch someone from a protected group could be an offence, I understand the concern caused by such incidents given differing perspectives on the balance between free speech and the risks of inciting violence in the real world.
"Most reasonable people would agree that genuine threats of physical violence against an identified person or group should be acted upon by officers. Such actions can and do have serious and violent real-world implications."
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Sir Mark Rowley has responded to criticism over the arrest of Graham Linehan
| LONDON ASSEMBLYMr Linehan said he was approached by five armed police officers after the ten hour flight from Arizona to Heathrow who told him he was being arrested over three posts on X four months earlier.
The IT Crowd creator wrote on his substack: "In a country where paedophiles escape sentencing, where knife crime is out of control, where women are assaulted and harassed every time they gather to speak, the state had mobilised five armed officers to arrest a comedy writer."
In the post on X, Mr Linehan said it a "violent, abusive act" for a trans woman to be in a female-only space. He suggested: "Make a scene, call the cops and if all else fails punch him in the balls."
Mr Linehan has become known over the last few years for his gender critical stance, which LGBT+ communities and charities have condemned as transphobic.
Mr Linehan has previously been accused of transphobia over his gender critical stance
| Wikimedia CommonsLinehan was returning to London from his home in Arizona before his trial this week for two separate charges concerning the alleged harassment of a teenage transgender activist.
He is set to appear at Westminster Magistrates’ Court on Thursday relating to accusations of harassment of 18-year-old Sophia Brooks.
Following the arrest, Mr Linehan announced he is preparing to take legal action against Scotland Yard. The Free Speech Union declared that Mr Linehan is "striking back" following his arrest.
A spokesman from the Free Speech Union said: "Daniel Berke, a top free speech solicitor, is to represent Graham in claims for wrongful arrest and false imprisonment, and breaches of his free speech rights.
"We want to send the police a message with this case."
Graham Linehan was arrested on his arrival back at home
| PAThe statement from Sir Mark continued: "When it comes to lesser cases, where there is ambiguity in terms of intent and harm, policing has been left between a rock and a hard place by successive governments who have given officers no choice but to record such incidents as crimes when they’re reported.
"Then they are obliged to follow all lines of enquiry and take action as appropriate. I don’t believe we should be policing toxic culture wars debates and officers are currently in an impossible position. I have offered to provide suggestions to the Home Office on where the law and policy should be clarified.
"Greater clarity and common sense would enable us to limit the resources we dedicate to tackling online statements to those cases creating real threats in the real world.
"If agreed, we could be ready to test new approaches quickly, within a matter of weeks.
"As an immediate way of protecting our officers from the situation we find ourselves in today, we will be putting in place a more stringent triaging process to make sure only the most serious cases are taken forward in future, where there is a clear risk of harm or disorder."
Windsor MP Jack Rankin | GB NEWSAsking about the issue at Prime Minister’s Questions, Conservative MP for Windsor Jack Rankin brought up Mir Linehan's arrest
He said: "Will the Prime Minister commit to reviewing our speech laws, to ensure that legitimate free expression is protected, and condemn the culture in the public sector which prioritises this dangerous and perverse nonsense?"
Sir Keir Starmer responded, saying: "He will have seen that the commissioner has put out a statement in relation to the particular case this morning.
"I’ve been clear throughout that we must ensure the police focus on the most serious issues, and the issues that matter most to our constituencies and all communities, and that includes tackling issues like anti-social behaviour, knife crime and violence.
"We have a long history of free speech in this country. I’m very proud of that and I will always defend it."