'We will come after you': Can Britain really arrest foreign social media users over posts?

Metropolitan Police Commissioner Sir Mark Rowley, London’s top police chief, warned global social media users last week that the British government could seek extradition of those who shared video footage of riots erupting across the United Kingdom.

Speaking to Britain’s Sky News, Rowley said that anybody found to be promoting misinformation or inciting further riots in the country would face prosecution.

“We will throw the full force of the law at people,” Rowley said. “And whether you’re in this country committing crimes on the streets or committing crimes from further afield online, we will come after you.”

The comments come as Britain’s new Labour government struggles to keep control of huge numbers of protesters and rioters in working-class towns across the country. Riots broke out at the end of July following a stabbing incident in Southport, a seaside town in the northwestern region of England. Welsh-born Axel Rudakubana, the son of Rwandan immigrants, stabbed three young girls to death at a Taylor Swift-themed dance party.

Social media users quickly speculated that Rudakubana was an Islamist refugee – which he wasn’t. The claim quickly went viral, however, prompting a series of violent riots and protests.

In response to the riots, British Prime Minister Keir Starmer issued a statement to rioters, promising that they would “regret” taking part in the disorder.

“I guarantee you will regret taking part in this disorder whether directly or those whipping up this action online, and then running away themselves,” Starmer said.

Starmer followed up the threat by establishing a “standing army” of police officers ready to arrest everybody who not only takes part in the riots but who also encourages or inspires them on social media – regardless of their home country.

Is It Possible?

In short: probably not. It’s unlikely that British authorities will be able to arrest people overseas, especially those living in the United States who are protected by their First Amendment right to free speech. The mechanisms that allow for the arrest of individuals by foreign police forces are unlikely to apply to instances of people sharing video footage on social media.

In order to arrest a foreign citizen, British authorities would first need to request extradition from the country where the individual lives. The decision to arrest or not will then be made by the authorities in the individual’s home country.

International arrest warrants are another option, whereby Interpol or other international law enforcement bodies would become responsible for the arrest. British authorities would issue an international arrest warrant, but it is not guaranteed that foreign authorities would comply. Instead, the warrant simply alerts foreign authorities that an individual is wanted by the British police.

As a last resort, British authorities might attempt to collaborate with foreign law enforcement under mutual legal assistance agreements. The United States, however, is probably the least likely country to comply with efforts to arrest individuals based on their online speech.