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Free Speech and UK Law
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the right freedom of speech is recognized as a human right under
article 10 of the European Convention of Human Rights, which has
been incorporated into UK by Human Rights Act 1998
in Britain these rights can be found as early as 1215 in the Magna
Carta
Freedom of speech includes the right:
- not to speak
Issues:
1. How is „free speech “defined under UK law?
2. What are the exceptions to the right of free speech?
3. What are the consequences of uttering unprotected speech?
- to use certain offensive words and phrases to convey political messages
- to engage in symbolic speech
2.
What are the exceptions to the right of free speech?
1.
How is “free speech” defined under Uk law?
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"Free speech is the right to seak receive and impart information and
ideas of all kinds, by any means"
one of the most precious rights an individual has as a citizen of the
UK
this right gives people the opportunity to speak their mind and give
their opinions of what they think should happen.
This right means having the freedom to believe what you choose
and to openly state your beliefs without being thrown in jail.
-the freedom of speech is defined as the free flow of information,
ideas and opinions in our society.
The law tries to strike the right balance between freedom of speech and
the exceptions to the right of free speech.
The Article 10 of the European Convention on Human Right itself recognizes
the need for some limits on free speech.
Some examples:
-publishing material or making comments that are specifically designed to
incite racial hatred
-restrictions on the ground of national security and public safety
-protection of health and moral
-restrictions to prevent crime and disorder
-disclosure of information that has been received in confidence
3.
→ Imprisonment for a maximum of 6 months or/and a fine not exceeding
level 5 on the standard scale (which is limited to 5000£).
What are the consequences of uttering unprotected speech?
Public Order Act 1986 : Harassment, alarm or distress
-using threatening, abusive or insulting words or behaviour, or disorderly
behaviour or 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.
(Section 18 adds: intending to stir up racial hatred)
Treason Felony Act 1848:
-compass, imagine, invent, devise, or intend
a) to deprive the Queen of her crown
b) to levy war against the Queen, or
→ Constable may arrest a person without warrant if
c) to „move or stir“ any foreigner to invade the United Kingdom or any
other country belonging to the the queen
a) he engages in offensive conduct which a constable warns him to stop,
and
→ Indictable only offence (you have to indict someone), punishable with
imprisonment up to lifetime.
b) he engages in further offensive conduct immediately or shortly after the
warning.
→ Fine not exceeding level 3 on the standard scale (which is limited to
1000£)
Racial and Religious Hatred Act 2006:
-Using threatening words or behaviour intended to stir up religious hatred.
→ Imprisonment up to 7 years or/and a fine.
Malicious Communications Act 1988: Offence of sending letters etc. with
intent to cause distress or anxiety.
Terrorism Act 2006:
-Any person who sends to another person anything that conveys:
-encourage or glorify terrorist acts
a) a message which is indecent or grossly offensive
→ Imprisonment up to 7 years or/and a fine.
b) a threat
c) information which is false and known or believed to be false by the
sender
Serious organised Crime and Police Act 2005:
- Police can ban unauthorised protest near parliament.
- Police has to authorise protests, but may impose conditions.
Criminal Justica and Immigration Act 2008:
- displaying „grossly offensive, disgusting or otherwise of an obscene
character images with the purpose of sexual arousal“
→ up to 3 years in prison and/or a fine
Compensation:
- Awarded for „personal injury“, has not to be physical
- It's needed to claim within two years of the crime being commited
- You must have reported the crime to the police as soon as possible.