Here are some thoughts on insult due in part to the recent popularity of the subject and in part to my ongoing interest into the subject and its implications. I may review this in the future and make it more comprehensive/accurate or improved in other ways.
As I am a fan of my, and others, right to be offended I have been looking at the legal aspects of this here where I live. And have come to some conclusions which are not spelt out in the interpretive part of the “Public Order Act 1998” (short title) part 1 – 2 Fear of provocation and violence; and 3. Harassment, alarm and distress. These, as far as I can tell, are the parts of law making insults illegal.
Insult can mean;
1. To treat or speak to insolently or with contemptuous rudeness; affront;
2. To affect as an affront; offend or demean;
3. Archaic . To attack; assault.
And although there is no clear easily found definition of what an insult is in legal terms, of these three meanings the second seems the most relevant here.
Before continuing I shall use the human rights (here) to show that there is a clear difference between the person and ideas – what one is and what one adopts – measuring at times these rights against aspects of this law, and differentiating different forms of adoption.
We do not have the right to diminish another’s human rights (as prescribed in Article 14) with our own rights as a reason. Sometimes a compromise needs reached, either through both parties rights being infringed upon with equal measure (at best); or it is a reasonable infringement (as shown in case law of the European Courts). As an example, a right of one person to exercise their rights found in Article 10 do not outweigh the right of another to exercise the same right with fair civil proportion in the bounds of discourse. However on the other hand one person’s right to be free from discrimination as prescribed in Article 14 does outweigh the right of another to express their thought, conscience & religion as prescribed in Articles 9 & 10 when the expression of these would be discriminatory to another.
As this human right (Article 10) puts limits upon the use of this right it is important to understand that insults are so common that the limits of laws could effectively remove this freedom in some cases without the use of a discerning mind, or do the rights of Christians, Jews, or Muslims to say homosexuality should be punishable by death as it is prescribed in the Bible, or Quran, outweigh the rights of homosexuals to be free from discrimination?
This is not to say that like minded people can not share commonly held beliefs with like minded or similarly affiliated people (and personally I would sooner a Bigot be seen for who they are than two faced) but this does need tempered by reason and respect. With the ignoring or disputing clearly established evidence and facts being incompatible with the values the law should be upholding[1].
I shall now focus on the legality of insults particularly when an insult becomes illegal, and when legal.
I propose that the illegal form of insult is one which breaches Article 14 - Prohibition of discrimination or any other Human Right. I believe where there is a clear objective to insult a person based on innate, or adopted, characteristics of that person the law should protect them from such insults which can feed hatred, persecution and lead to violence. That is to say it is directed to demean the person through the characteristic as expressions of racism, xenophobia, anti-Semitism, discrimination against minorities, or other form of discrimination.
Another form of personal attack which could fall under the illegal form of insult is the use of ‘ad hominem’ fallacies in discussions. Even though it is different in its aim it is still a form of insult aimed to demean the ‘other’ person. Although this and similar fallacious arguments should be avoided as it is a ridiculous way to argue. They do show a problematic aspect of the law – as does the differentiation between beliefs held and religious association – in that the law makes it potentially a crime if knowingly done to insult or demean.
However this should not carry over to specific beliefs as set forth in Article 9 - Freedom of thought, conscience and religion (excluding religious affiliation). Beliefs are not innate, and these can change – a belief in god does not exclude finding the Christian teaching useful by a atheist – even they these are potentially unsound logically, or disagreed with in favour of another opinion. Belief there is a god is not the same as associating with a religion. One is a belief and the other is a personal characteristic i.e. one can believe in a God(s) and be a Jew, Deist, Mormon, or Pagan, yet the belief in a God(s) is expressed in different ways in accord with the associated belief systems of the different religions and does not give a personal connection between Jews, Deists, Mormons, or Pagans. In-fact the different association has been used as a reason for horrific acts as prescribed in different religious texts and in history.
What is a Belief?
belief n. convinced of the truth of a statement or allegation. In a common phrase “upon information and belief," the so-called belief is based only on unconfirmed information, so the person declaring the belief is hedging his/her bet as to whether the belief is correct.
Here a belief may have apparent evidence, but it need not be rigorous scientifically evaluated evidence. A belief is something one has faith or an opinion on in, i.e. the Bible is the word of god. And holding a belief or opinion is protected in Human Rights Laws even if it causes offence or due to personal association with a group who hold that belief the group then feel insulted. Attacking the belief may cause insult to a group, but this is not the aim or intent (or should not be) of the attack. This form of taking offence is not, nor should not be defensible against through legal systems in my opinion.
[1] As shown in the case Garaudy v. France (no. 65831/01) of the European Court of Human Rights.
As I am a fan of my, and others, right to be offended I have been looking at the legal aspects of this here where I live. And have come to some conclusions which are not spelt out in the interpretive part of the “Public Order Act 1998” (short title) part 1 – 2 Fear of provocation and violence; and 3. Harassment, alarm and distress. These, as far as I can tell, are the parts of law making insults illegal.
Insult can mean;
1. To treat or speak to insolently or with contemptuous rudeness; affront;
2. To affect as an affront; offend or demean;
3. Archaic . To attack; assault.
And although there is no clear easily found definition of what an insult is in legal terms, of these three meanings the second seems the most relevant here.
Before continuing I shall use the human rights (here) to show that there is a clear difference between the person and ideas – what one is and what one adopts – measuring at times these rights against aspects of this law, and differentiating different forms of adoption.
We do not have the right to diminish another’s human rights (as prescribed in Article 14) with our own rights as a reason. Sometimes a compromise needs reached, either through both parties rights being infringed upon with equal measure (at best); or it is a reasonable infringement (as shown in case law of the European Courts). As an example, a right of one person to exercise their rights found in Article 10 do not outweigh the right of another to exercise the same right with fair civil proportion in the bounds of discourse. However on the other hand one person’s right to be free from discrimination as prescribed in Article 14 does outweigh the right of another to express their thought, conscience & religion as prescribed in Articles 9 & 10 when the expression of these would be discriminatory to another.
As this human right (Article 10) puts limits upon the use of this right it is important to understand that insults are so common that the limits of laws could effectively remove this freedom in some cases without the use of a discerning mind, or do the rights of Christians, Jews, or Muslims to say homosexuality should be punishable by death as it is prescribed in the Bible, or Quran, outweigh the rights of homosexuals to be free from discrimination?
This is not to say that like minded people can not share commonly held beliefs with like minded or similarly affiliated people (and personally I would sooner a Bigot be seen for who they are than two faced) but this does need tempered by reason and respect. With the ignoring or disputing clearly established evidence and facts being incompatible with the values the law should be upholding[1].
I shall now focus on the legality of insults particularly when an insult becomes illegal, and when legal.
I propose that the illegal form of insult is one which breaches Article 14 - Prohibition of discrimination or any other Human Right. I believe where there is a clear objective to insult a person based on innate, or adopted, characteristics of that person the law should protect them from such insults which can feed hatred, persecution and lead to violence. That is to say it is directed to demean the person through the characteristic as expressions of racism, xenophobia, anti-Semitism, discrimination against minorities, or other form of discrimination.
Another form of personal attack which could fall under the illegal form of insult is the use of ‘ad hominem’ fallacies in discussions. Even though it is different in its aim it is still a form of insult aimed to demean the ‘other’ person. Although this and similar fallacious arguments should be avoided as it is a ridiculous way to argue. They do show a problematic aspect of the law – as does the differentiation between beliefs held and religious association – in that the law makes it potentially a crime if knowingly done to insult or demean.
However this should not carry over to specific beliefs as set forth in Article 9 - Freedom of thought, conscience and religion (excluding religious affiliation). Beliefs are not innate, and these can change – a belief in god does not exclude finding the Christian teaching useful by a atheist – even they these are potentially unsound logically, or disagreed with in favour of another opinion. Belief there is a god is not the same as associating with a religion. One is a belief and the other is a personal characteristic i.e. one can believe in a God(s) and be a Jew, Deist, Mormon, or Pagan, yet the belief in a God(s) is expressed in different ways in accord with the associated belief systems of the different religions and does not give a personal connection between Jews, Deists, Mormons, or Pagans. In-fact the different association has been used as a reason for horrific acts as prescribed in different religious texts and in history.
What is a Belief?
belief n. convinced of the truth of a statement or allegation. In a common phrase “upon information and belief," the so-called belief is based only on unconfirmed information, so the person declaring the belief is hedging his/her bet as to whether the belief is correct.
Here a belief may have apparent evidence, but it need not be rigorous scientifically evaluated evidence. A belief is something one has faith or an opinion on in, i.e. the Bible is the word of god. And holding a belief or opinion is protected in Human Rights Laws even if it causes offence or due to personal association with a group who hold that belief the group then feel insulted. Attacking the belief may cause insult to a group, but this is not the aim or intent (or should not be) of the attack. This form of taking offence is not, nor should not be defensible against through legal systems in my opinion.
[1] As shown in the case Garaudy v. France (no. 65831/01) of the European Court of Human Rights.
SCHEDULE 1
THE ARTICLES
PART I
THE CONVENTION
Article 2 - Right to life
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3 - Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4 - Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term "forced or compulsory labour" shall not include:--
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service
exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5 - Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the
fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on
reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his
committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person
against whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.
Article 6 - Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation
against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for
legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7 - No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8 - Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9 - Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Article 10 - Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 11 - Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12 - Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 14 - Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16 - Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
Article 17 - Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Article 18 - Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
1. Everyone's right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
2. Deprivation of life shall not be regarded as inflicted in contravention of this Article when it results from the use of force which is no more than absolutely necessary:
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) in action lawfully taken for the purpose of quelling a riot or insurrection.
Article 3 - Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
Article 4 - Prohibition of slavery and forced labour
1. No one shall be held in slavery or servitude.
2. No one shall be required to perform forced or compulsory labour.
3. For the purpose of this Article the term "forced or compulsory labour" shall not include:--
(a) any work required to be done in the ordinary course of detention imposed according to the provisions of Article 5 of this Convention or during conditional release from such detention;
(b) any service of a military character or, in case of conscientious objectors in countries where they are recognised, service
exacted instead of compulsory military service;
(c) any service exacted in case of an emergency or calamity threatening the life or wellbeing of the community;
(d) any work or service which forms part of normal civic obligations.
Article 5 - Right to liberty and security
1. Everyone has the right to liberty and security of person. No one shall be deprived of his liberty save in the following cases and in accordance with a procedure prescribed by law:
(a) the lawful detention of a person after conviction by a competent court;
(b) the lawful arrest or detention of a person for non-compliance with the lawful order of a court or in order to secure the
fulfilment of any obligation prescribed by law;
(c) the lawful arrest or detention of a person effected for the purpose of bringing him before the competent legal authority on
reasonable suspicion of having committed an offence or when it is reasonably considered necessary to prevent his
committing an offence or fleeing after having done so;
(d) the detention of a minor by lawful order for the purpose of educational supervision or his lawful detention for the purpose of
bringing him before the competent legal authority;
(e) the lawful detention of persons for the prevention of the spreading of infectious diseases, of persons of unsound mind, alcoholics or drug addicts or vagrants;
(f) the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person
against whom action is being taken with a view to deportation or extradition.
2. Everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him.
3. Everyone arrested or detained in accordance with the provisions of paragraph 1(c) of this Article shall be brought promptly before a judge or other officer authorised by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release pending trial. Release may be conditioned by guarantees to appear for trial.
4. Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful.
5. Everyone who has been the victim of arrest or detention in contravention of the provisions of this Article shall have an enforceable right to compensation.
Article 6 - Right to a fair trial
1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.
3. Everyone charged with a criminal offence has the following minimum rights:
(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation
against him;
(b) to have adequate time and facilities for the preparation of his defence;
(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for
legal assistance, to be given it free when the interests of justice so require;
(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his
behalf under the same conditions as witnesses against him;
(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 7 - No punishment without law
1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
2. This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.
Article 8 - Right to respect for private and family life
1. Everyone has the right to respect for his private and family life, his home and his correspondence.
2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
Article 9 - Freedom of thought, conscience and religion
1. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance.
2. Freedom to manifest one's religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.
Article 10 - Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.
Article 11 - Freedom of assembly and association
1. Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests.
2. No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This Article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.
Article 12 - Right to marry
Men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right.
Article 14 - Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Article 16 - Restrictions on political activity of aliens
Nothing in Articles 10, 11 and 14 shall be regarded as preventing the High Contracting Parties from imposing restrictions on the political activity of aliens.
Article 17 - Prohibition of abuse of rights
Nothing in this Convention may be interpreted as implying for any State, group or person any right to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.
Article 18 - Limitation on use of restrictions on rights
The restrictions permitted under this Convention to the said rights and freedoms shall not be applied for any purpose other than those for which they have been prescribed.
PUBLIC ORDER ACT 1998
AN ACT
to create new offences relating to public order; and for connected purposes. (Relevant sections only)
PART I
PUBLIC ORDER- SUBSTANTIVE OFFENCES
2 Fear or provocation of violence
(1) A person is guilty of an offence if he-
(a) uses towards another person threatening, abusive or insulting words or behaviour; or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or
insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by
any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely
to believe that such violence will be used or it is likely that such violence will be provoked.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
3 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, annoyance, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove-
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment,
annoyance, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other
visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable.
PART II SUPPLEMENTARY AND GENERAL
4 Mental element: miscellaneous
(2) A person is guilty of an offence under section 2 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.
(3) A person is guilty of an offence under section 3 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.
(4) For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(5) In subsection (4), 'intoxication' means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.
PUBLIC ORDER- SUBSTANTIVE OFFENCES
2 Fear or provocation of violence
(1) A person is guilty of an offence if he-
(a) uses towards another person threatening, abusive or insulting words or behaviour; or
(b) distributes or displays to another person any writing, sign or other visible representation which is threatening, abusive or
insulting, with intent to cause that person to believe that immediate unlawful violence will be used against him or another by
any person, or to provoke the immediate use of unlawful violence by that person or another, or whereby that person is likely
to believe that such violence will be used or it is likely that such violence will be provoked.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is distributed or displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
3 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, annoyance, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove-
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment,
annoyance, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other
visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable.
PART II SUPPLEMENTARY AND GENERAL
4 Mental element: miscellaneous
(2) A person is guilty of an offence under section 2 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting.
(3) A person is guilty of an offence under section 3 only if he intends his words or behaviour, or the writing, sign or other visible representation, to be threatening, abusive or insulting, or is aware that it may be threatening, abusive or insulting or (as the case may be) he intends his behaviour to be or is aware that it may be disorderly.
(4) For the purposes of this section a person whose awareness is impaired by intoxication shall be taken to be aware of that of which he would be aware if not intoxicated, unless he shows either that his intoxication was not self-induced or that it was caused solely by the taking or administration of a substance in the course of medical treatment.
(5) In subsection (4), 'intoxication' means any intoxication, whether caused by drink, drugs or other means, or by a combination of means.