The Equality and Human Rights Commission (EHRC) has backed calls for the reform of legislation criminalising “insulting” words and behaviour.
Baroness Onora O'Neill, Chair of the EHRC, said that the word “insulting” should be removed from section 5 of the Public Order Act to protect freedom of speech.
Speaking in relation to the Crime and Courts Bill, she said: “There is evidence that police are using this power to arrest and fine people for exercising their fundamental human right to freedom of expression.
“…A blanket ban on the use of any insulting words or actions is dangerous because it could criminalise anyone who speaks their mind, regardless of their intention.
“A legal change is vital to protect free speech along with better guidance on equality and human rights, to help police find the right balance between legitimate free speech and taking justifiable action against abusive words or conduct.”
Joint Committee
The Joint Committee on Human Rights has released a report recommending that the word “insulting” be scrapped because its inclusion had a “disproportionate” effect on freedom of expression.
The report by the committee, made up of MPs and peers, said: “We understand the sensitivities with certain communities on this issue, but nonetheless we support an amendment to the Bill which reduces the scope of s. 5 Public Order Act 1986 on the basis that criminalising insulting words or behaviour constitutes a disproportionate interference with freedom of expression.”
Last year, Home Secretary Theresa May held a public consultation on whether the Public Order Act should be amended but the Government has yet to respond.
Christian preachers
The criminalisation of “insulting” words or behaviour has resulted in the arrest of a number of Christian preachers.
In 2010, Christian evangelist Michael Overd was arrested and charged under section 5 for preaching that homosexuality is sinful. The charges were later dropped by Taunton Magistrates Court.
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