Police have declined to prosecute a man who sent an image of a swastika intertwined with the Star of David to a Jewish students’ organisation, ruling it was not “grossly offensive” enough to constitute a hate crime.
The image, shared on social media with the Union of Jewish Students (UJS), was instead logged as a non-crime hate incident (NCHI), which tracks hate-motivated acts without meeting the threshold for criminal prosecution.
The incident surfaced as broader scrutiny falls on the enforcement of hate laws across different police forces, especially in light of Essex Police’s ongoing investigation into a social media post by Telegraph columnist Allison Pearson.
In October, Alex Hearn, co-director of Labour Against Antisemitism, filed a complaint with Cambridgeshire Constabulary after offensive messages were sent via X, formerly known as Twitter, to him and the UJS.
The messages followed a UJS post highlighting rising antisemitism on university campuses. The accused individual responded with an image captioned: “The irony of becoming what you once hated,” accusing the UJS of exploiting Jewish students to promote “pro-genocide propaganda.”
Police acknowledged that the messages and imagery were offensive but stated they did not meet the “very high legal threshold” for gross offensiveness under the Malicious Communications Act.
Officers cited Article 10 of the Human Rights Act, which protects freedom of expression, including speech that may “offend, shock, or disturb.” Consequently, no criminal charges were filed, and the matter was recorded as an NCHI.
Mr Hearn criticised the decision, questioning why displaying a swastika – a symbol intrinsically linked to Nazi atrocities – directed at Jewish groups does not qualify as grossly offensive.
He pointed out that the Metropolitan Police had arrested individuals carrying similar imagery during recent protests, suggesting inconsistency in law enforcement approaches.
Mr Hearn told the Telegraph: “This man has been posting swastikas and making Nazi comparisons directed at Jewish organisations and individuals, including myself and the Chief Rabbi.
“One even targeted a post mourning a Holocaust survivor. The abuse weaponises Holocaust-related symbols to intimidate and silence those speaking out about antisemitism.”
Mr Hearn called on Cambridgeshire Police to reconsider the seriousness of such incidents, arguing that conflating Jewish identity with Nazism through the Star of David and swastika imagery perpetuates harmful antisemitic tropes and incites further hostility.
In the UK, a non-crime hate incident (NCHI) is defined as an act or example of behaviour which is perceived by the victim or any other person to be motivated by hostility or prejudice towards a person’s race, religion, sexual orientation, disability, or transgender identity, but which does not meet the threshold to be classified as a criminal offence under UK law.
Cambridgeshire Constabulary has been contacted for comment on their handling of the case.
