The Incitement to Disaffection Act 1934 is an Act of the

Parliament of the United Kingdom The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...

that made it an offence to endeavour to seduce a member of

HM Forces The British Armed Forces, also known as His Majesty's Armed Forces, are the military forces responsible for the defence of the United Kingdom, its Overseas Territories and the Crown Dependencies. They also promote the UK's wider interests, su ...

from his "duty ''or'' allegiance to His Majesty", thus expanding the ambit of the law. The previous relevant legislation was the

Incitement to Mutiny Act 1797 The Incitement to Mutiny Act 1797 (37 Geo 3 c 70) was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit ...

, which created the offence of endeavouring to seduce a member of HM Forces from his duty ''and'' allegiance. The 1797 Act, last significantly used against

Tom Mann Thomas Mann (15 April 1856 – 13 March 1941), was an English trade unionist and is widely recognised as a leading, pioneering figure for the early labour movement in Britain. Largely self-educated, Mann became a successful organiser and a ...

, 1912, and in the

Campbell case The Campbell Case of 1924 involved charges against a British communist newspaper editor, J. R. Campbell, for alleged "incitement to mutiny" caused by his publication of a provocative open letter to members of the military. The decision of the go ...

s, 1924 and 1925, was not repealed by the 1934 Act, but effectively became defunct. In 1974, the peace campaigner

Pat Arrowsmith Pat Arrowsmith (born 2 March 1930) has been a prolific English author and peace campaigner. She was a co-founder of the Campaign for Nuclear Disarmament in 1957. Early life Arrowsmith was born into a clerical family in Leamington Spa as the you ...

was convicted of offences against sections 1 and 2 of the Act, and sentenced to eighteen months in prison, for having handed out leaflets at a British Army base, urging the soldiers to refuse to serve in Northern Ireland. In 1975, the Court of Appeal dismissed her appeal of her conviction, describing her conduct as "mischievous" and "wicked"; however, it upheld her appeal against the sentence, reducing it such that she would be immediately released. Arrowsmith filed a case against the United Kingdom (''Arrowsmith v. United Kingdom'') in the

European Commission of Human Rights The European Commission of Human Rights was a special body of the Council of Europe. From 1954 to the entry into force of Protocol 11 to the European Convention on Human Rights, individuals did not have direct access to the European Court of Hu ...

, claiming that her conviction violated the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by ...

' protections of her rights to liberty, freedom of belief, and freedom of expression. In 1978, the Commission found that her conviction was "a necessary restriction on the exercise of free speech in the interests of national security and for the prevention of disorder", and as such did not violate the Convention. According to

Geoffrey Robertson Geoffrey Ronald Robertson (born 30 September 1946) is a human rights barrister, academic, author and broadcaster. He holds dual Australian and British citizenship.

, a human rights lawyer, the most powerful incitement to disaffection was made in the 1987 election campaign by the Prime Minister,

Margaret Thatcher Margaret Hilda Thatcher, Baroness Thatcher (; 13 October 19258 April 2013) was Prime Minister of the United Kingdom from 1979 to 1990 and Leader of the Conservative Party from 1975 to 1990. She was the first female British prime ...

, who declared that armed forces chiefs should consider resigning in protest if the Labour Party were elected and sought to implement its non-nuclear policy.Geoffrey Robertson, "Freedom, the Individual and the Law", Penguin Books (1993, 7th ed, ) p 210, as cited in Select Committee on Religious Offences in England and Wales First Report, Chapter

References

{{DEFAULTSORT:Incitement To Disaffection Act 1934 1934 in law United Kingdom Acts of Parliament 1934