The laws around swearing in public as council plans £100 fines for bad language

Yahoo

4 days ago

Residents of seaside towns in south east England could be fined £100 for swearing in public, under fresh council proposals.
Thanet District Council has launched a fresh bid to see restrictions on 'foul or abusive language' brought in to the Kent seaside towns of Birchington, Margate, Ramsgate and Broadstairs.
The council tried to apply for similar rules – known as a public space protection order (PSPO) – last July. That scheme was scrapped a month later after the Free Speech Union (FSU) threatened legal action.
However, council papers for a meeting on Tuesday have revealed that the authority now hopes to revisit the rules to crack down on anti-social behaviour.
In their reasoning for bringing the fines back, the report states that police officers found it a helpful tool, and that they have experienced "increased difficulties in managing some of the identified forms of anti-social behaviour".
The report says: 'There is an ongoing issue of antisocial behaviour in the Margate, Broadstairs and Ramsgate areas. The causes of this are complex and the PSPO is recognised by all of those working with such behaviour, as being one of the effective tools for dealing with this.'
According to the document, the rule states: 'All persons are prohibited from using foul or abusive language in such a manner that is loud and can be heard by others and cause either alarm or distress to any other person in any public place.'
The penalty for breaking the PSPO, which will cover Margate, Ramsgate and Broadstairs entirely, is £100 to be paid within 28 days - but is reduced to £60 if paid within 14 days.
The order also bans anti-social groups, misuse of public space, urinating, defecating or spitting, legal psychoactive substances (such as nitrous oxide), humiliating others and consuming alcohol.
The report acknowledges a lot of criticism of the order, including the vague nature of the term "foul language" and fears of disruption to peaceful protests. However, they say that exceptions will be made if people have a "reasonable excuse" for having broken the rules.
Cabinet members are expected to discuss the revisited order in the council chamber on 24 July.
If approved, the PSPO will be in place for three years.
Yahoo News UK has contacted the Free Speech Union for a comment.
Swearing in public isn't automatically illegal – it becomes an offence under the Public Order Act 1986, Section 5, if it's threatening or abusive and likely to cause harassment, alarm or distress.
However, context is key and aggressive swearing in a crowded place can break the law, unlike casual swearing among friends.
Someone must feel or be likely to feel distressed for it to be an offence. Police officers are less likely to be considered distressed and so swearing in front of them will not necessarily see you fined.
There is also an offence of using obscene language in the street to the annoyance of residents. However, an arrest for this is only likely if the behaviour occurs in the presence of a police officer.
Other laws, like the Crime and Disorder Act 1998, apply if swearing is racially or religiously aggravated. Local bylaws may also restrict swearing in specific areas.
Freedom of expression under the Human Rights Act 1998 protects some swearing. However, courts balance this right against preventing public disorder.
Breaching Section 5 of the Public Order Act 1986 can lead to a fine up to £1,000. No prison sentence is typically imposed for this offence.
If swearing is racially or religiously aggravated under the Crime and Disorder Act 1998, penalties are harsher. Offenders could face up to seven years in prison or an unlimited fine.
Local bylaws, like those proposed by Thanet, may result in fixed penalty notices, often around £100. Non-payment could lead to court action and higher fines.
Police may issue a penalty notice for disorder (PND) for minor offences, costing £80. Paying this avoids court but admits guilt.
In rare cases, persistent or extreme behaviour could escalate to charges under broader public order laws. This might involve community orders or, in exceptional cases, short custodial sentences.
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