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Friday 18 May 2012

Insult a horse and you could be arrested!

*Possible Reform*

A law that bans the use of insulting words or behaviour has been brought to attention by MPs and civil right activists in the claim that it destroys free speech.

The Public Order Act prevents actions that are likely to cause 'harassment, alarm or distress'. However, Senior Conservative, David Davis argues that Section 5 of the Act creates a grey area with no clarity as to what constitutes insulting behaviour.

There have been a number of debated cases in recent years;

> Reportedly, in 2006 an Oxford University student asked a police officer if he knew his horse was 'gay'. After refusing to pay an £80 on the spot fine, he was arrested for making homophobic remarks and forced to spend a night in a cell, before the charges against him were dropped.
> An individual was charged in May 2008 under the act, after demonstrating outside the London HQ of the Church of Scientology. Holding a sign that stated 'Scientology is not a religion, it is a dangerous cult'. However the CPS ruled that 'cult' was not a dangerous or insulting word and charges were dropped.

Mr Davis, Senior Conservative is leading the campaign to reform Section 5 of the Act. Other supporters include; Christian Institute, Liberty, Big Brother Watch and the Freedom Association. Gay Rights campaigner Peter Tatchell illustrated the 'grey area problem' that the section creates by stating 'what constitutes insults is a very subjective judgement' and that there is no actual 'requirement...to prove that anyone has been harassed, alarmed or distressed'.

However a Poll has shown that 17% of MPs believe changing the law would undermine the ability of the police to protect the public.

The Home Office launched a review last October, examining as to whether 'insulting' can be considered as 'proportionate' when looking at gaining the right balance between the right to freedom of expression and the right of others to not be harassed, alarmed or distressed'.

And the debate continues....

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