The rules about flying the Palestinian flag in the UK, explained

As an east London council faces a legal challenge over Palestinian flags left hanging on lampposts, here's what we know about the UK's laws on displaying flags.

James Hockaday
Updated ·6 min read
19
Pro-Palestinian protesters gather with flags and placards during a protest outside the gates to the Embassy of Israel in London.
Pro-Palestinian protesters gather with flags and placards during a protest outside the gates to the Embassy of Israel in London.

Since Israel's war in Gaza began on 7 October, thousands of protesters have hit the streets of several UK cities to call for a ceasefire and to show their solidarity with the Palestinian people.

During the three-month conflict, triggered by a surprise attack by Hamas on Israel which killed 1,200 people, debate has been raised over the legality of flying the flag of Palestine, as well as other shows of support including the controversial "From the River to the Sea" chant.

Before she was sacked, home secretary Suella Braverman controversially suggested waving the Palestine flag "may not be legitimate" in some circumstances. More recently, UK Lawyers for Israel (UKLFI) has staged a challenge against Tower Hamlets Council over the flag.

The group has accused the east London council of "multiple criminal offences" over its failure to take down Palestinian flags, as well as "posters and stickers with inflammatory content" which it says "intimidate Jewish people and may encourage violence against them". It asked police to intervene, accusing the council of breaching planning laws, which the authority denies.

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Here, Yahoo News explains the rules and restrictions on flying flags in the UK

What are the legal conditions of flying a flag in the UK?

According to the UK government, all flags must be maintained in a condition that does not impair the overall visual appearance of the site, be kept in a safe condition and have the permission of the site's owner to be displayed.

The flags must also not obscure or hinder the interpretation of any official road, rail waterway or aircraft signs, or otherwise create a hazard for these types of transport. They must also be removed carefully when required to do so by the planning authority.

Do I need permission to fly certain flags?

Some flags require "express consent" from a local authority while others can be put up under certain conditions.

Then there are flags that don't need any consent at all from the council, which according to the government include "any country's national flag, civil ensign or civil air ensign". The list also includes flags for the Commonwealth, the United Nations or any other international organisation of which the UK is a member, and any flags for the devolved nations, British territories, councils and towns, villages or parishes.

Flags that can only be flown under certain restrictions regarding the size of the flag, the size of characters on the flag, and the number and location of the flags, include house flags, flags for sports flag, the LGBT rainbow flag, and the NHS flag.

Any flag not identified in the government's list "requires express consent from the local planning authority before it can be flown".

union jack blowing in the wind on a hillside
Permission is not needed to fly a country's flag, including the Union Jack. (Getty Images)

Are there any banned flags in the UK?

Some flags and symbols associated with painful periods of human history, such as the Nazi emblem or the Communist hammer and sickle, are not explicity banned in the UK.

However, as set out here by the CPS, flying a swastika could still get someone arrested for inciting racial hatred depending on the context of the incident and whether it demonstrates "hostility" on the part of the suspect.

Flying flags that make reference to a proscribed terrorist organisation under the UK's Terrorism Act could also result in a prosecution. There are currently 79 on this list, including Hamas. The military wing of Hezbollah, a Lebanese Islamist group which has also been attacking Israel from across the border, was banned by the UK in 2001, but its political wing was also proscribed in March 2019.

What about the Palestine flag?

Following Braverman's letter to senior police chiefs in October in which she suggested waving a Palestinian flag could be a criminal offence, human rights barrister Adam Wagner had this to say:

"I think it is right that in certain (narrow) circumstances the actions referred to *could* be a s.5 public order act offence. e.g. if done outside of a Jewish school, or provocatively marching through Golders Green (a very Jewish area). Equally, protesting outside of a Muslim school shouting and waving Israeli flags in the current situation whilst tensions are high and people are fairly afraid for their physical security.

"'From the river to the sea' is an ambiguous phrase - it is hotly contested what it means and quite obviously people reasonably disagree about this. In those circumstances, it's hard to see how an offence could be committed by chanting it.

"And then there are the supporting/glorifying terrorism offences, which include reckless support/glorification. I can't see how anything but explicit support for Hamas and its actions could be an offence. Waving a Palestinian flag or chanting "from the river to the sea" isn't that.

"There would have to be more - e.g. an explicit link to Hamas. Even the recklessness element wouldn't extend (I doubt anyway) to the waving of a flag or chanting an ambiguous phrase.

"The Home Secretary's intention of protecting vulnerable communities from provocative and threatening acts is a good one, but she and the police need to be careful not to oversteer so that legitimate forms of protest and expression."

On what grounds is Tower Hamlets Council being challenged?

In a letter to the Met, UK Lawyers for Israel chief executive Jonathan Turner cited "serious concerns" raised by Jewish residents of Tower Hamlets over the "proliferation of large Palestine flags on lampposts in public streets as well as posters and stickers with inflammatory content". He added: "These displays intimidate Jewish people and may encourage violence against them."

Turner referred to the section 224(4)(a) of the Town and Country Planning Act, adding that the owner or occupier of the land on which the flags, posters or stickers are displayed is liable for the criminal offences once it is aware they are up, unless it takes reasonable steps to remove them.

“The council has not taken all reasonable steps to secure the removal of flags, posters and stickers on its land and therefore has committed and is committing criminal offences," Turned added, suggesting the council officer in charge could also be prosecuted personally, and that the mayor of Tower Hamlets is liable.

The group of lawyers also said the council should do more to remove potentially inflammatory stickers bearing slogans such as “Victory to the Intifada”.

How has Tower Hamlets Council responded?

A spokesman for Tower Hamlets Council said: “As one of the most diverse areas in the country, we are monitoring any community tensions closely with our Tension Monitoring Group, which includes the police and representatives from a broad range of community organisations.

“A number of Palestinian flags have been put up by the public in recent months. While we appreciate people want to express their support for Palestine, we have a routine responsibility to monitor and maintain council infrastructure. The situation is under regular review.

“Separately to Palestinian flags, the council will remove at the earliest opportunity any graffiti, posters or flags which are racist or generally offensive.

“We are not aware of any criminal offences related to Palestinian flags not being removed, and we will continue to work closely with police partners to manage the situation.”