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Darren Burrows

Darren Burrows

Senior Clerk
+44 (0)20 7520 4611
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Jackie Ginty

Jackie Ginty

First Deputy Senior Clerk
+44 (0)20 7520 4608
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Rob Smith

Rob Smith

Deputy Senior Clerk
+44 (0)20 7520 4612
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Times Law Awards

Are the concepts of cancel culture and lawful freedom of expression irreconcilable?

Article 10 of the European Convention on Human Rights, as incorporated into English law by the Human Rights Act 1998 protects individuals’ freedom of expression, whilst balancing that right against the protection of competing rights such as reputation, privacy and protection from hate speech. An individuals’ right to express themselves is constrained by what is lawful, with legislation such as the Equality Act 2010 and the Public Order Act 1986 prohibiting speech which is discriminatory or harassing. However, the expression of views that are unpopular, controversial, provocative or cause upset is not, per se, unlawful.

Cancel culture meanwhile is a societal phenomenon, defined by the Oxford English Dictionary as “the action or practice of publicly boycotting, ostracizing, or withdrawing support from a person, institution, etc., thought to be promoting culturally unacceptable ideas.”

How do the concepts of cancel culture and freedom of expression operate together? If cancel culture represents a de facto restriction on an individual’s freedom of speech which is not imposed by the state, but by societal actors – does it fall outside the scope of legal protection for freedom of expression afforded by Article 10 of the Convention? If the aim of cancel culture is to use social condemnation to silence debate, can this be reconciled with a legal framework that primarily constrains state interference with individual’s expression, not private reaction to that expression? And what of the rights of the individual who wants to respond critically to a controversial or provocative statement?

The essay competition is open to all students registered with UK higher education institutes, trainee legal executives, pupil barristers and trainee solicitors. Essays should be no more than 1,000 words and must be received by midday on Monday, 12 January 2026. There are more than £10,000 of prizes on offer to the six finalists, whose entries will be read by a judging panel of senior figures, including a justice of the Supreme Court, and Daniel Toledano KC and Sonia Tolaney KC from One Essex Court. The awards will be presented at a dinner ceremony at the Guildhall in the City of London in April 2026. Full rules and entry details can be found below.