The Right to Not Be Offended?

what if I was in a super market one day and someone through incompetance ran their trolley into you hard, causing a lot of pain and the almost involunatry reaction of you shouting "You ****** tw*t" and then having to face possible criminal charges for it.

Lessons to be learned
There are two lessons from the case. First, the context in which the words are used may be important. In many cases, the only victims of the offensive behaviour are police officers. In such circumstances, whether the words are or are not abusive may depend upon the manner of their use, the context in which such words are used, and perhaps even the cultural background of the person using them. Second, evidence will always be required that the hearers would be likely to be caused harassment, alarm or distress: this cannot be inferred. An obiter comment by Mr Justice Bean towards the end of the judgment, however, appears to leave the door open to an argument being made that some words are so offensive that it may be that no evidence as to their impact will be necessary.

Advice for practitioners on section 5 offences

1. Context is key. It may not be sufficient for evidence to be adduced that the words were said, but that in those circumstances, the words were abusive, threatening or insulting.

2. Both elements of the offence must be proved. It must always be shown that the words used were likely to cause a person within hearing to be caused harassment, alarm or distress.

3. Although it cannot be said that police officers will never be harassed, alarmed or distressed by the words they hear, the nature of their work means that they are less likely to be so caused.

4. Subject to 5 (below), evidence must always be adduced that the person who was within hearing of the words was likely to have been harassed, alarmed or distressed. It cannot be inferred.

5. It is suggested obiter in Harvey that there are certain words which are "far more offensive" than those used in Harvey (e.g. racial abuse) where evidence is not required and that it can be inferred that they would have caused harassment, alarm or distress. Until the point is clarified in future case law, it would be prudent to treat Rule 4 as applying to all words

i think if you apply the law is it was intended and is looked upon by the people that enforce it, it would not be a criminal offence to do this. you would have to show evidence that their quick outburst do to an accidental knock has caused you to be distressed, alarmed or harassed. not shocked, appalled or annoyed by the outburst, but actually in a state of distress.
 
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i think if you apply the law is it was intended and is looked upon by the people that enforce it, it would not be a criminal offence to do this. you would have to show evidence that their quick outburst do to an accidental knock has caused you to be distressed, alarmed or harassed. not shocked, appalled or annoyed by the outburst, but actually in a state of distress.

If the law needs to be interpreted and guidelines produced on how to enforce it I can't help but think it's a bad law. You can say that the frivolous arrests previously described didn't result in prosecutions therefore it's ok, we just need better guidelines. But the fact the law has been interpreted in such a way that people have been arrested will have a chilling effect on people expressing themselves.
We've seen it with many times, give someone authority to wield power through poorly defined laws and they'll misuse them (RIPA and councils).
 
If the law needs to be interpreted and guidelines produced on how to enforce it I can't help but think it's a bad law. You can say that the frivolous arrests previously described didn't result in prosecutions therefore it's ok, we just need better guidelines. But the fact the law has been interpreted in such a way that people have been arrested will have a chilling effect on people expressing themselves.
We've seen it with many times, give someone authority to wield power through poorly defined laws and they'll misuse them (RIPA and councils).

agreed. but without have something that is clearly definable (like speed limit, drink driving) by some form of measurement, it will always need guidelines and example scenarios. which in turn will need it to be at the descretion of the police.
i would argue that even measurable laws are a bit flakey. having a set alcohol limit is just wrong (in my opinion), as i feel different people can handle different amounts of alcohol. someone that does not drink often, might be under the legal limit, but in a state that they are unable to drive. but someone that drinks regularly might be able to handle their drink better, therefore be over the legal limit, but not have their driving impaired. so it should be any alcohol in your system, dont drive. but this is another thing entirely.
 
Just because you say you cannot insult someone without insulting words of behaviour, doesn't make it so. "Personally, I think black people are intellectually inferior to white men" is still an insulting sentance without any profanity, and you calling people underhanded racists is typically more insulting that me calling you a "big fat moron".

I didn't call anyone 'underhanded racists' I spoke about the motivations of self-indentified groups, I did not call anyone or refer to anyone as anything.

You are making assumptions to fit your argument.

The latter insult there has been posted somewhere I can reasonably believe you're going to read it, it s fairly insulting, and if you happen to need an extreme amount of mollycoddling I suppose it could cause distress. That I can be fined £2000 for an off-the-cuff remark based on whether or not you can handle a little banter is ridiculous.

You do not understand the law if you seriously think you will get fined £2000 for an off the cuff remark on a forum, or anywhere for that matter.....as has been pointed out by several people.

OK, sure, today I might not get prosecuted for such a thing, but that doesn't mean it won't be applied somewhere as equally ridiculous at another point in time, or as just yet another tool that can be easily used to abuse citizens when they can't get them for what they wanted to get them for.

Assumption.

Equally it may not be used in this way and should we remove protections just because someone may try to use the law for what it was not intended.....you could argue that for any law whatsoever.

I don't fancy an state anarchy thanks.



Actually I think if I were a racist, I wouldn't particularly be insulted by the term. I'm pretty sure branding an ordinary person a racist is pretty insulting, and you'd probably be the only person to disagree with that. The fact you can have a different opinion to what is normal, suggests that people applying the law can also have differing opinions, which is why we don't need laws such as this.

Again, I didn't brand anyone anything.....to be branded a racist by what I said then by definition you must identify yourself as a racist, if you do not then you cannot possibly be insulted by what I have said at least not reasonably and the law offers a statutory defence if the alleged insult is reasonable.

Proving the necessity of laws, doesn't prove the need for laws, or a Government to control all aspects of our lives. Ideally what is and is not illegal should be explainable in a short pamphlet, otherwise ignorance of the law is a valid defence regardless of whether we accept it as one or not.

Opinion.

I am not advocating any such thing anyway, so it doesn't apply to me.

Logic may vary from person to person, but that doesn't mean our current system has been planned from any logical perspective. Regardless, laws shouldn't rely on logic to interpret, they should be clear & concise, and there should be a lack of arguments on what can and can not be considered unacceptable, and if you can't write it that way, you need to stop writing laws.

Black and White......unfortunately the world is not black and white and a level of interpretation of the law is unavoidable, otherwise their would be no need for courts or lawyers.....as long as the evidence was there you could go directly to summary judgement and sentencing....

Then I fail to see why you even brought it up. You pulled that I didn't believe Governments should govern out of no where. How can I be faulted by reading more into that?

You bought it up, not I.

Not really. What you feel the Government should and should not be doing is at the core of this debate. You seem to support a nanny state, and agree with the law in all but possibly the way it has been worded. I disagree with the law in favour of personal freedoms.

I don't support a nanny state.....neither do I support an anarchic one either, which seems to be your preferred choice albeit a limited one.



Well thats sad for them, but I fail to see what direct correlation it has to my opinion that laws should be minimal as opposed to non-existent. There is a greater chances of our society crumbling because we do too much and can no longer afford to keep going the way that we do, than for everyone to go mad, because the police are going to mind their own business except when it's warranted.

I am not advocating doing too much or an authoritarian state or any other such invention that you care to mention to support your opinion. I simply think that the law is fine as it is and that all that is needed is better understand of the intent and application of the legislation, if the removal of the word 'insult' accomplished that, then all well and good.......but not the whole scale removal of personal protections, which it appears you are advocating.

At no point did I say that, you're constantly twisting my argument to seem silly rather than come back at what I actually said. I know constant strawmans are your debating style, but why don't you try a different tactic for once?

Ironic. considering that you are making assumptions galore and introducing topics that have little to do with the original premise I said I supported.

We don't no, but I do believe we live in a world, or at least a country, where the majority of people are inherently good, and I feel that legislation discrimination breeds the very contempt that we are afraid of.

I don't feel that legislation should be discriminatory...which is why I have advocated the equal extension to protect everyone from malicious insult and abuse and not only those who are deemed more vulnerable....I have also advocated that any law and this one in particular should be applied depending on the specific merits of any given incident, not simply applied broadly and without consideration at to the intent, context and harm done to the individual.



I guess you have less faith in our country than I do.

I guess I have more realistic expectations about human nature than you do.

By my logic, it shouldn't actually happen unless it's a conceited effot to actually bully. If a bunch of kids get together and decide to pick on someone, it's harassment. If a kid eats too many burgers and manages to invoke the same reaction in 100 seperate incidents, then he should consider a diet. Either way, you're not going to hunt down 100 seperate people no matter which way you spin it.

Your logic doesn't seem to consider the relative harm to the child when he/she is subject to what you consider 'mere insult', especially if that insult is derogatory with not other purpose than to be derogatory. Just because you and I can stick up for ourselves, doesn't mean everyone can and that doesn't mean arresting kids in the playground.....it means showing that society finds that behaviour unacceptable and the law should reflect that, albeit in a relative way depending on the severity of the incident, context and intent.



Opinion based.

You could argue that the majority of laws are opinion based and subjective.....hence the need for Lawyers, Courts and Juries.


The law is **** in onto itself. Other laws should be able to deal with the real issue surroding the problem of harrasment. I don't believe clarifying how a law should be applied is a defence, it certainly won't be helpful when the next guys in power decide it should be applied differently.

I have already stated that removing the terminology relating to the word insult would not affect the protections the law provides....I don't think it would be anything other than cosmetic either.

And because you took it in the chin, you can actually take it. Not that I find that behaviour acceptable, I just don't feel it's done you enough damange to warrent the abusive nature of the law.

No....I took it on the chin because I was forced to do so until I found an outlet that allowed me to deal with it my own way.....a way that got me put into a specific type of rehabilitation centre as a teenager. If the the law had offered me some protection then my choices and the outcome may well have been different.

You are making assumptions based entirely on what I assume is your own experience....try putting yourself in the shoes of the kid who is called names every day of his young life simply because he is different....it was this kind of logic that allowed the socially acceptable homophobic and racial taunting that thankfully has slowly been educated and legislated out of our society (although it still happens, it is now socially unacceptable as well as illegal), the "look at you, you turned out ok" argument is frankly nonsense.



Because everyone besides you has a grasp of the idea that the interpretation of laws depends on a) whos reading it and b) the agendas of those enforcing it. For some reason, despite you mass of experince, you don't seem to have a healthy fear of Government. :p

I don't agree that this statement has any truth to it at all.....I have already stated that I have altered my opinion on the wording to some extent, and I think that clarification and a clear set of guidelines on how the law is to be applied is sufficient to reform section 5.....I do not think that repealing it entirely helps anyone, least of all those it seeks to protect. It has nothing to do with what I think about Government in general, or about what kind of society I support, or whatever other subject matter you bring into the debate to deflect it....it simply means that I feel that people should be able to gain protection under the law if they are being unreasonably targeted for abuse, and that includes malicious insults intended to demean or hurt the individual personally, I do not support the removal of placards criticising religion or otherwise, or the right to protest, or the street preacher or any of the other way this law has been erroneously applied, if removing the word insult from the legislation accomplished that without removing the protection I have described (and as I have said, on reflection I do not think it will) then remove the wording.......not the legislation.

And, no you are right....I don't live my life in fear.
 
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I disagree with the both of you.

Let me word this correctly before Castiel twists what I'm saying, it's not that I think people 'should have a right to' shout "You've got horrible hair" in someone's face, I just don't think it should be a criminal offence to.

How do you suggest people defend themselves from such personal abuses?

Would it be ok if I came up to you and hurled abuse in your face without any fear of recrimination or responsibility?.
 
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So calling the fat kid ****** should not necessarily be treated with the same level of severity as calling the Black kid a ******, but each should be entitled to their respective protections under the law.

Assuming the starred out words are the same, why shouldn't they be treated with the same severity? Are we trying to achieve racial equality or positive discrimination here?

i think if you apply the law is it was intended and is looked upon by the people that enforce it, it would not be a criminal offence to do this. you would have to show evidence that their quick outburst do to an accidental knock has caused you to be distressed, alarmed or harassed. not shocked, appalled or annoyed by the outburst, but actually in a state of distress.

How does one provide evidence that an incident caused a state of distress?

Conversely, how does one provide evidence that an incident didn't cause a state of distress?
 
How does one provide evidence that an incident caused a state of distress?

Conversely, how does one provide evidence that an incident didn't cause a state of distress?

it is very hard, without witnesses. the police, cps......will also take everything that has been claimed to of been said/done and the context it was said/done in and make their decisions as to whether you have a case. with this in mind, it is the reason why 99% of the stupid cases used in the examples never lead to a prosecution.
 
How do you suggest people defend themselves from such personal abuses?

Would it be ok if I came up to you and hurled abuse in your face without any fear of recrimination or responsibility?.

Dude, I answered that in the very next paragraph in the post you quoted from.....

I feel there has to be a point where people are left to fend for themselves and not expect the state to intervene. My solution to being told you've got a bad haircut in an negative tone would be for you to say back "Well at least I'm not a tw*t". I would much rather people had that attitude than one where people say "Right I'm calling the police on you for that". As I've explained above there are limits to that mentality, they are just higher than you are suggesting (racial slurs, homophobia etc).

So you can either hurl abuse back or be the bigger man and just ignore them and walk off.

Maybe because I have experience of being bullied as a child my outlook on this is different. Some parents would have told their kids to give them a punch on the nose but being the pacifists they are, my parents told me to just rise above it and ignore them as if they weren't there.

And you know what it worked! Because when someone insults you they are looking for a reaction, when they don't get it they get bored very quickly.

I now have an insult 'immune system' and have developed a thick skin, does that mean I can't be offended or insulted? No of course not, but it does mean I'm not a nervous wreck who gets deeply hurt by kids shouting obscenities in the street and the like.
 
I didn't call anyone 'underhanded racists' I spoke about the motivations of self-indentified groups, I did not call anyone or refer to anyone as anything.

You are making assumptions to fit your argument.

OK so not being specific about it removes the fact you said you feel some people disagree with you because they're racist, etc. The point is still valid, regardless of whether or not you had the gonads to be specific.

You do not understand the law if you seriously think you will get fined £2000 for an off the cuff remark on a forum, or anywhere for that matter.....as has been pointed out by several people.

I care about what the law says, you care about what the law implies. I believe implied laws are dangerous, and gave a perfectly legitimate example of section 44 being used for reasons other than it's implied designation.

Assumption.

Common sense born from years abuse by lying police officers who get their jollies from detaining and fondling people.


Again, I didn't brand anyone anything.....to be branded a racist by what I said then by definition you must identify yourself as a racist, if you do not then you cannot possibly be insulted by what I have said at least not reasonably and the law offers a statutory defence if the alleged insult is reasonable.

As above, you clearly stated you feel some people disagree with you because " ... ". It's basically just a sneaky way of attempting to brand everyone who disagrees with you as one, otherwise you had no call to write it.

Opinion.

I am not advocating any such thing anyway, so it doesn't apply to me.

Damn right it's an opinion, thats all we're doing here. Stating that my points are opinions. Me saying the law inteperation is vague, and you saying my opinion is an opinion isn't a comparable argument.


Black and White......unfortunately the world is not black and white and a level of interpretation of the law is unavoidable, otherwise their would be no need for courts or lawyers.....as long as the evidence was there you could go directly to summary judgement and sentencing....

I disagree. We should always be working towards bettering such a system, and we are able to do so. Whilst there is a huge grey area over what I may, or may not call you, you'd be hard pressed to use the same argument against something like murder.

You bought it up, not I.

No. I didn't.


I am not advocating doing too much or an authoritarian state or any other such invention that you care to mention to support your opinion. I simply think that the law id fine as it is and that all that is needed is better understand of the intent and application of the legislation, not the whole scale removal of personal protections, which it appears you are advocating.

We disagree on this point. I feel you advocate too much, you feel that I desire too little. I'm sure we both agree that we're both entitled to our opinions, at least.

Ironic. considering that you are making assumptions galore and introducing topics that have little to do with the original premise I said I supported.

I feel I appropriately articulated why those topics linked back to my opinions based on a common theme throughout the thread. People who want to limit threads to discuss the issue at hand, without consider idealogical view points, aren't really discussing the issue. This is not comparable to you extrapolating that because I want less Government, I automatically want no Government.

I don't feel that legislation should be discriminatory...which is why I have advocated the equal extension to protect everyone from malicious insult and abuse and not only those who are deemed more vulnerable....I have also advocated that any law and this one in particular should be applied depending on the specific merits of any given incident, not simply applied broadly and without consideration at to the intent, context and harm done to the individual.

But legislation dealing with minorities is discriminatory, no matter which way you spin it. Unless you start advocating you can no call me a sweaty sock, jock, scot, or any other slang word you have to describe the folks north of the border, then you have no equality.

The major difference is when you call us a sweaty sock, we generally don't play the victim, couldn't care less, and our majority English based society aren't up in arms about it. For the most part we're just not overly sensitive to a couple of words.

It's not to say I support being racist, racism is stupid. I just believe we should ideally remove such legislation once it is no longer required for society to behave themselves, and I feel we should be at that point, or close to it, now.

I also have concerns that the very legislation is dangerous as a Self-fulfilling prophecy; those words will always carry a great deal of negative weight because we legislated them away, and if we were to do the same with sweaty sock, we'd be up in arms over being called that all the same in a few generations time.

I guess I have more realistic expectations about human nature than you do.

Maybe, but I hope you're just stuck in the past personally. :)

Your logic doesn't seem to consider the relative harm to the child when he/she is subject to what you consider 'mere insult', especially if that insult is derogatory with not other purpose than to be derogatory. Just because you and I can stick up for ourselves, doesn't mean everyone can and that doesn't mean arresting kids in the playground.....it means showing that society find that behaviour unacceptable and the law should reflect that, albeit in a relative way depending on the severity of the incident, context and intent.

Education would do a better job, especially so as being forbidden often popularises, or exacerbates problems.

You could argue that the majority of laws are opinion based and subjective.....hence the need for Lawyers, Courts and Juries.

I'd agree with that. The majority of laws are subjective, and poorly thought out, and fairly outdated. Many of them are completly ignored, or enforced to the detriment of society. Some laws are awesome.

I have already stated that removing the terminology relating to the word insult would not affect the protections the law provides....I don't think it would be anything other than cosmetic either.

I don't particularly think the word insult matters, and the entire policy is broken.

No....I took it on the chin because I was forced to do so until I found an outlet that allowed me to deal with it my own way.....a way that got me put into a specific type of rehabilitation centre as a teenager. If the the law had offered me some protection then the outcome may well have been different.

Well thats a shame for you, but if the law had offered you protection, they'd only do it where they can't resonably be caught.

You are making assumptions based entirely on what I assume is your own experience....try putting yourself in the shoes of the kid who is called names every day of his young life simply because he is different...

You can assume that, but you're basically admitting to doing it yourself.

it was this kind of logic that allowed the socially acceptable homophobic and racial taunting that thankfully has slowly been educated and legislated out of our society (although it still happens, it is now socially unacceptable as well as illegal),

There is a difference between acceptable, and legal. I'd be more than happy to have protected free speech, if only to make it easier to identify nut jobs. I honestly feel theres better solutions though.

the "look at you, you turned out ok" argument is frankly nonsense.

I'll give you that one, it's no better than your constant twisting of the argument. ;)


I don't agree that this statement has any truth to it at all.....I have already stated that I have altered my opinion on the wording to some extent, and I think that clarification and a clear set of guidelines on how the law is to be applied is sufficient to reform section 5.....I do not think that repealing it entirely helps anyone, least of all those it seeks to protect. It has nothing to do with what I think about Government in general, or about what kind of society I support, or whatever other subject matter you bring into the debate to deflect it

It has everything to do with those issues, and rather than deflecting the issue it serves to explain and further a view point that Governments are generally detrimental to society, particularly so when they're trying to be a force for good via legislation. As I've already pointed out, Celine's Third Law and Celine's Second Law are very apt to this debate, and helps explain why we don't need more crappy laws.

it simply means that I feel that people should be able to gain protection under the law if they are being unreasonably targeted for abuse,

If I run up to your face, and scream profanity at you, then run away, what do you feel is the apt punishment? Obviously I think it's a waste of police time, which is why this law is ****, but how about you?

And, no you are right....I don't live my life in fear.

You're not paranoid if they're really out to get you! :)

estebanrey said:
So you can either hurl abuse back or be the bigger man and just ignore them and walk off.

This is the exact point I was making. If someone abuses you, I don't agree with Castiel that your life will now be ruined and you must break down and cry. If you're not in the mood, you walk away, or even say leave me alone. If they don't I'm all for the bobby on the beat hitting them with their stick. :P

An anti-harrasment law is all that we need, because everyone would resonably be free to go about their buisness by simply saying "**** off".
 
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No of course saying someones got bad hair isn't illegal.....however abusing that person because they have bad hair should be.....

I simply think a level of reasonable tolerance should be informed by the specific incident.....the intent and the context of the incident, the nature of the incident and the relative harm to the individual(s) concerned should all be considered before applying the law. So calling the fat kid ****** should not necessarily be treated with the same level of severity as calling the Black kid a ******, but each should be entitled to their respective protections under the law.

There should be no arbitrary line whereby it is decided that call x such a name is acceptable, but call y such a name is not......once you start drawing lines in the sand people start moving the sand......

I think I agree with this in general.

Unfortunately we live in a society where some people take more offence than others. In fact, some people are so sensitive they will even take offence vicariously.

A relatively innocuous word can in fact be delivered with more hate than the most loaded word said in jest to a friend.
 
Should it be illegal to fart in a crowded lift? May sound flippant, but if you think no one should ever suffer being uncomfortable by someone else's actions then why not?
 
Should it be illegal to fart in a crowded lift? May sound flippant, but if you think no one should ever suffer being uncomfortable by someone else's actions then why not?

i think you will find that is part of nature and most animals release gas. using obscene words and insults however is 100% choice, and completly controllable.


i do however see your point, although the example was not the best :p

i do agree that in essence section 5 could be over used and stop freedom of speech/expression. but so far i have seen any evidence that would suggest removing this law would have stopped 99% of the examples used in the OP as they are soo petty that something else could have been used to pull them in (hence why they were thrown out before any prosecution occured)
 
i do agree that in essence section 5 could be over used and stop freedom of speech/expression. but so far i have seen any evidence that would suggest removing this law would have stopped 99% of the examples used in the OP as they are soo petty that something else could have been used to pull them in (hence why they were thrown out before any prosecution occured)

The fact that it's not, broadly speaking, overused is not justification for it to remain.

You have the right to tell me your full and complete opinion of me (although not on this forum). If I'm so shallow that I can't bear to hear it, then that is my problem. We do not need legislation to prevent offence being taken by insults. Removing that right from you would not stop you holding the opinion.

If the social norm suddenly was 'corrected' and it wasn't conceivable for someone to say something negative about someone else then people would become offended by other actions - will you legislate against those?
 
i think you will find that is part of nature and most animals release gas. using obscene words and insults however is 100% choice, and completly controllable.

Could it not be argued that disputes are part of nature as well? My cats fight with other cats all the time.

And unless you have a health problem, most people can hold a fart in for the length of lift journey

i do however see your point, although the example was not the best :p

i do agree that in essence section 5 could be over used and stop freedom of speech/expression. but so far i have seen any evidence that would suggest removing this law would have stopped 99% of the examples used in the OP as they are soo petty that something else could have been used to pull them in (hence why they were thrown out before any prosecution occured)

I'm just saying that there are lots of thing you could consider 'socially unacceptable' behavior that infringes on other people's comfort or emotions. Earlier Castiel said you can't draw lines in the sand but I'm trying to show that even with Section 5 as it is now we are drawing a line somewhere.
 
I'm just saying that there are lots of thing you could consider 'socially unacceptable' behavior that infringes on other people's comfort or emotions. Earlier Castiel said you can't draw lines in the sand but I'm trying to show that even with Section 5 as it is now we are drawing a line somewhere.

this is why i wholeheartedly agree with your point, there has to be limits else it would get silly.

i think this is going round in circles (not with you, i mean in general), so i will add where i actually stand and will leave it there.

i feel that the law as it stands is pretty clearly using abusive or insulting words or behaviour. this does not include your opinion causing offense or insult. so 99% of the examples on the website and in peoples post are irrelevant if the law was applied as it was written

but.... i do semi disagree that the law needs to be there at all, other than to give the police a fallback if someone is causing a potentially serious situation (ie using insults in the hope to provoke a response that will start a fight).

so in conclusion, i think the law is very clear, it can be carried out without any disruption to peoples general freedom of speech, but can also have the potential to be abused. but this counts for a lot of laws.
 
OK so not being specific about it removes the fact you said you feel some people disagree with you because they're racist, etc. The point is still valid, regardless of whether or not you had the gonads to be specific.

It matter not whether they disagree with me or not...all I was stating is that some people will have specific agendas for wanting the removal of the legislation....that is not accusing anyone of anything at all, it is merely an observation, one which was actually largely rhetorical and was asking a question....which you ignored to make accusations based on your assumptions of my intent instead.

You can imply my intentions were otherwise all you like, it doesn't make it true.

Anyway, this is going around in circles and getting us nowhere fast, so time to move on from what you think I was implying and what I know my intent was.

I care about what the law says, you care about what the law implies. I believe implied laws are dangerous, and gave a perfectly legitimate example of section 44 being used for reasons other than it's implied designation.

Wrong again......I care how the law is applied, not implied. You appear to care that there is any laws at all.

Common sense born from years abuse by lying police officers who get their jollies from detaining and fondling people.

I see. You have issue with authority in general, or you really think that the UK is effectively a Police State?

Or do you actually believe that the majority of Police Officers are lying scumbags that are out to arrest and sexually abuse you?


As above, you clearly stated you feel some people disagree with you because " ... ". It's basically just a sneaky way of attempting to brand everyone who disagrees with you as one, otherwise you had no call to write it.

Wrong.....

I clearly stated that some people have specific agendas according to a particular bias they may have.....it has nothing to do with whether they agree or disagree with me personally.......is nothing to do with anyone personally.

The point was being made rhetorically to ask the question related to Freedom of Speech being absolute in any case.......

Anyway, like I said......it is pointless to keep belabouring the point as whatever it you are accusing me off wasn't my intention anyway.

Damn right it's an opinion, thats all we're doing here. Stating that my points are opinions. Me saying the law inteperation is vague, and you saying my opinion is an opinion isn't a comparable argument.

Actually you seemingly were stating it was invalid because it is opinion....Laws are based on opinion so I fail to see the relevance of you bringing it up.

I disagree. We should always be working towards bettering such a system, and we are able to do so. Whilst there is a huge grey area over what I may, or may not call you, you'd be hard pressed to use the same argument against something like murder.

You disagree that the world is not black and white?.....you think that it is?

And whether a killing is adjudged a murder is as subjective as whether someone insulted someone....this is why we have Courts and a Judge and Jury system to decide whether the evidence supports Murder or some other definition......killing someone doesn't necessarily mean you have murdered them, equally, insulting someone doesn't necessarily mean you have committed an offence....The law is an organic thing, it is built on legislation and subsequent case law interpreted from that legislation.

Just because a law has been used erroneously doesn't mean it should automatically be repealed. I have already conceded that it should be looked at critically and potentially reformed if necessary.


No. I didn't.

Yeah, you did...

No, it won't. Being a **** isn't acceptable, and never will be acceptable in society, nor should it ever be. Where we differ is you seem feel it is the Governments role to define, or legislation society, whilst I believe Government needs to stay the hell away, because they only serve to make things worse, even with the best of intentions.

We believe differently, I believe that an elected Government's first priority is to the well-being of its people, and this means enforcing policies and laws that to the benefit of it's people.....you seem to be implying that the Government, any Government cannot be trusted to this and so the people should be largely self-Governing with respect to what the individual considers valid......I thing that would be great, however I do not think that society is mature enough to actually do that.

However, I do not see what that has to do with the specific question relating to whether S5 should be reformed or not.

We disagree on this point. I feel you advocate too much, you feel that I desire too little. I'm sure we both agree that we're both entitled to our opinions, at least.

Indeed. I just think you are implying things that I haven't stated.

I feel I appropriately articulated why those topics linked back to my opinions based on a common theme throughout the thread. People who want to limit threads to discuss the issue at hand, without consider idealogical view points, aren't really discussing the issue. This is not comparable to you extrapolating that because I want less Government, I automatically want no Government.

I do not think that discussing the relevant pros and cons of various forms of Government really has any bearing on the question of whether section 5 should have the word Insult in it or not.....

I also didn't say you wanted no Government, I was saying that the effects of a lack of effective Governance and legal enforcement can soon have the opposite effect to what you are describing, especially in societies where there are clear divisions....that is not to say that ours is like that, only that as you broached the subject regarding various forms of Governance, including authoritarian ones, it was pertinent to show what happens at the other end of the scale.....

But legislation dealing with minorities is discriminatory, no matter which way you spin it. Unless you start advocating you can no call me a sweaty sock, jock, scot, or any other slang word you have to describe the folks north of the border, then you have no equality.

Granted.

The major difference is when you call us a sweaty sock, we generally don't play the victim, couldn't care less, and our majority English based society aren't up in arms about it. For the most part we're just not overly sensitive to a couple of words.

The difference is not that you don't play the victim.....it is that you have no need to play the victim because you do not have the historical and discrimination inherent in the banter you have given......also that kind of insult is not illegal anyway.

It is not the words by what they imply and the intent in which they are given that is important in assessing whether an insult should be deemed legally culpable or not......like I said as this moves into the realms of abusive behaviour I now see no reason to not exclude the wording form the legislation as the individual who is subjected to verbal abuse is still protected.

It's not to say I support being racist, racism is stupid. I just believe we should ideally remove such legislation once it is no longer required for society to behave themselves, and I feel we should be at that point, or close to it, now.

This I agree with......where I disagree is that our society is anywhere near that kind of maturity. Some of us may be, but you only have to look at some of the threads in GD from time to time to realise that not everyone is capable of reasonable behaviour.

I also have concerns that the very legislation is dangerous as a Self-fulfilling prophecy; those words will always carry a great deal of negative weight because we legislated them away, and if we were to do the same with sweaty sock, we'd be up in arms over being called that all the same in a few generations time.

I can see that point also.....but again, I am not sure that we are ready to assume people will adhere to the same set of standards as we would.

Maybe, but I hope you're just stuck in the past personally. :)

Far from it......I just think that you may be a little isolated from the wider world and are basing your opinion on what you see in your own community rather than the country as a whole.

Education would do a better job, especially so as being forbidden often popularises, or exacerbates problems.

I think we still need both....one to educate and one to enforce...hopefully education will eventually negate the other.

I'd agree with that. The majority of laws are subjective, and poorly thought out, and fairly outdated. Many of them are completly ignored, or enforced to the detriment of society. Some laws are awesome.

In the UK as a rule, the law is not a static thing.....it is pretty organic as it is based on precedence and case law. I don't necessarily disagree that some laws are pointless and archaic, but I don't agree that the legislation relating to what we ave discussed is part of that...at least not yet.

I don't particularly think the word insult matters, and the entire policy is broken.

I disagree. I think the legislation is generally good, it simply needs tinkering with a bit.

Well thats a shame for you, but if the law had offered you protection, they'd only do it where they can't resonably be caught.

It would have given me some basis to combat it besides the route I ultimate took.....it would at the very least given me support in dealing with it, instead of being told that it was normal to be treated that way.

You can assume that, but you're basically admitting to doing it yourself.

I have attempted to be fairly objective....hence why I have changed my opinion during the course of the thread.

There is a difference between acceptable, and legal. I'd be more than happy to have protected free speech, if only to make it easier to identify nut jobs. I honestly feel theres better solutions though.

You do have a protected right to Free Speech....just with certain exceptions where exercising Free Speech violates someone else's personal freedoms.....was that not the basis of your argument earlier?


It has everything to do with those issues, and rather than deflecting the issue it serves to explain and further a view point that Governments are generally detrimental to society, particularly so when they're trying to be a force for good via legislation. As I've already pointed out, Celine's Third Law and Celine's Second Law are very apt to this debate, and helps explain why we don't need more crappy laws.

Well Celine was a fictional anarchist which is why they would have that implication.

The issue is for me at least, not one of whether our Government is moving into authoritarianism or not, that is a wider discussion not relevant to the topic of the thread.

I think it is simply extending the discussion too far from the topic at hand.


If I run up to your face, and scream profanity at you, then run away, what do you feel is the apt punishment? Obviously I think it's a waste of police time, which is why this law is ****, but how about you?

I think that you should be stopped from doing it.....either by myself if I am able, or by someone that is.....that is invariably the Police as they have the authority....as to the punishment, that would depend entirely on the circumstances, intent and context and whether you would accede simply to apologising and stopping it, which would be sufficient in most cases...

You're not paranoid if they're really out to get you! :)

If you met me you would realise that I am probably the most suspicious and paranoid person you know.....I simply don't fear it particularly, I have learned to live with it.



This is the exact point I was making. If someone abuses you, I don't agree with Castiel that your life will now be ruined and you must break down and cry. If you're not in the mood, you walk away, or even say leave me alone. If they don't I'm all for the bobby on the beat hitting them with their stick. :P

That is all I am for effectively.....only the local Bobby has to have the authority to clip them around the ear......for that he needs the backing of legislation.

An anti-harrasment law is all that we need, because everyone would resonably be free to go about their buisness by simply saying "**** off".

Maybe.....but some people are unable to effectively defend themselves or would feel intimidated by such actions....for that we need the Police to have the authority to protect these people.
 
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