Hearts & Minds: Speech is free, but reputation is sacred

Free speech is one of the dominant issues of our age.

In the UK, the rows about what is and isn’t acceptable continues with the arrest by armed officers of Father Ted creator Graham Linehan for posts on X attacking transgender activists. He is now suing the police. Donald Trump and JD Vance have accused the UK government and EU of curbing freedom of expression while restricting dissent in their own country. This does not stop Nigel Farage declaring to US politicians that Britain has ‘become North Korea’ and appearing before a committee hearing in Washington to tell them how. He receives short-shrift from Democrats who accuse him of being a ‘Putin-loving, free speech impostor and Trump sycophant’. On it goes, with no sign of end.

Somehow, those at the top of corporations and their comms advisers must pick their way through. In fact, where the UK is concerned, despite the noise, the law is clear. Judges are firm that people must be allowed to express themselves offensively. They can ridicule and upset, and be protected for doing so. What they cannot do is incite violence; that is illegal. Still, it has not stopped Farage, Trump, Vance and others, including Elon Musk and Mark Zuckerberg, from piling in.

Not that legal detail in the UK, EU, US or elsewhere should necessarily concern companies. The law, for instance, may say it’s okay to cause offence but most brands know not to go there regardless. There are some who choose to stray close to the edge, using the attention to boost sales. Let them, that is what they do - the majority know to stay away.

That can be easier said than done, of course. There are issues that might require a view and by taking it, you endanger coming down on one side and antagonising the other. You may be corporate but you’re also human. Keep it straightforward, don’t get tied up in knots that make you appear weaselly and invite ridicule. Sometimes, tempting as it may be, it is best to say nothing at all and let actions be your words.

Always though, stick to this: what do the stakeholders want, what do they expect? By putting them first, uppermost in your thoughts, you should not go wrong. They are the people who matter more than any other. Don’t be free with speech; think before you speak.

Chris Blackhurst is one of the UK’s foremost business journalists. He was previously Editor of The Independent and City Editor of the Evening Standard.