Trans woman loses case over Brianna Ghey X posts

A trans woman who complained to police about social media posts made by a "gender critical" man has lost a High Court challenge of the force's decision to take no further action against him.

Lynsay Watson complained to Greater Manchester Police (GMP) in February 2023, about more than 15 posts made on X by Stuart Campbell related to the murder of teenager Brianna Ghey, who was also transgender, that month.

Mr Campbell, who was described by his lawyers as "gender critical" or a "biological realist", said Brianna was a "trans-identifying boy", adding: "Human beings can't change sex. Being murdered doesn't alter that."

GMP told Ms Watson in November 2023 that no further action would be taken.

One officer said that, while he agreed the comments would be "upsetting and can (be) perceived" as hate, "for me this would be a hate incident and not crime".

Ms Watson took legal action against the force in April last year, and GMP upheld its decision last November after a separate review.

Following a hearing in Manchester in February, Mrs Justice Hill dismissed the claim finding the decision to take no further action was "both lawful and correct".

The ruling came the same day the Supreme Court ruled that the terms "woman" and "sex" in the Equality Act 2010 refer to a biological woman and biological sex.

The judge said: "(GMP) was entitled, and correct, to conclude that posts did not cross the threshold to be considered objectively 'grossly offensive'."

She continued: "The defendant's conclusion properly reflected society's fundamental values of free speech, including the need for tolerance of statements and opinions that some might find offensive or upsetting."

She added: "(GMP) was justified, and right, in concluding that to proceed further with the investigation was not appropriate.

"To have done otherwise would have been an unjustified interference with (Mr Campbell's) freedom of expression."

Brianna, 16, was stabbed 28 times with a hunting knife by two teenagers in Linear Park, Culcheth, near Warrington, Cheshire, on 11 February 2023.

After seeing Mr Campbell's posts related to the teenager, Ms Watson responded: "Her family care. Her friends care. I care. You have hurt a lot of people here. Do not misgender that girl ever again."

Mr Campbell concluded a subsequent exchange with a post containing an expletive which said: "I'll call him what I... like, mate."

A crime report was opened after Ms Watson's complaint to GMP, but in June 2023 a police sergeant and inspector deemed that the relevant offence of sending an electronic communication with intent to cause distress or anxiety had not been committed.

In an email to Ms Watson, one officer said: "The onus is on the social media companies to police the platform.

"Given the level of crime, the (cost) incurred to GMP would outweigh any chance of conviction and thus an investigation would not be appropriate."

Ms Watson told the High Court that she was "profoundly" affected by Mr Campbell's posts, claiming she experienced "shock, extreme distress and disbelief".

Mrs Justice Hill said Ms Watson argued in court that Mr Campbell's posts "contravened the basic standards of our society" and "went beyond the pale of what is tolerable".

She also argued that GMP's decision "reduced the dignity and lived experience of the transgender section of the public".

But the judge said she "cannot accept these arguments", finding that the police "did not incorrectly apply the law".

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