The British Humanist Association (BHA) today submitted its formal response to a consultation on the Public Order Act 1986, and advised that the government follow through on an amendment to Section 5 proposed by Edward Leigh MP. If passed, the amendment would remove the term ‘insulting’ while retaining the offence of abusive or threatening conduct. The move would strip police officials of their power to arrest people for behaviour they deem potentially insulting, and is supported by a number of other prominent human rights organisations, JUSTICE and Liberty, and by parliament’s Joint Committee on Human Rights.
Section 5 currently reads as follows:
5: Harassment, alarm or distress.
(1) A person is guilty of an offence if he—
(a) uses threatening, abusive or insulting words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening, abusive or insulting, within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
The BHA strongly supports the change, as we consider the present inclusion of ‘insulting’ in Section 5 to serve no public good, that it leads to unjust arrests, and that it stifles free speech and free expression.
Recent examples of arrests made under Section 5 include:
- A 16 year old who protested outside the Church of Scientology’s London headquarters holding a placard calling Scientology a ‘dangerous cult’. The charges were later dropped.
- B&B owners Ben and Sharon Vogelenzang, who were accused of Islamophobia in a discussion with a guest. After two days of giving evidence, the case was thrown out.
- Dan McAlpine, a Christian street-preacher who was charged under Sections 5 (1) and (6) of the Public Order Act 1986 for declaring homosexuality a sin. The charges were dropped as the police acknowledged they had insufficient grounds for his arrest. Despite the reasons given for Mr McAlpine’s initial charge, gay rights activists including Peter Tatchell opposed the arrest on the grounds it limited free speech.
Notes
For further comment or information contact BHA Head of Public Affairs Naomi Phillips.
The full text of the BHA’s response can be found as a PDF in our document library
To read the Home Office’s consultation, click here.
The British Humanist Association is the national charity working on behalf of non-religious people who seek to live ethical and fulfilling lives on the basis of reason and humanity. It promotes a secular state and equal treatment in law and policy of everyone, regardless of religion or belief.