3 ms·
I cherrypicked two to illustrate my point, but if you think there are especially strong examples here which you'd like me to address, do feel free and I'm happy
by georgespencer 3y ago
I cherrypicked two to illustrate my point, but if you think there are especially strong examples here which you'd like me to address, do feel free and I'm happy to go into detail on any of them!
> 1. Right to freedom of speech: violated by the Communications Act 2003
Freedom of Expression is most obviously defined in the UK in the 1998 Human Rights Act, which goes on to specifically state that the right can "be subject to formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society".
The 1986 Public Order Act had already made it an offence to use “threatening, abusive or insulting words or behaviours that causes, or is likely to cause, another person harassment, alarm or distress”.
Oh, and the 2003 Communications Act was a fairly benign modernisation of the Malicious Communications Act of 1988, which includes this language: "[it is an offence to send a letter] which is, in whole or part, of an indecent or grossly offensive nature[…]"
It is a mistake to believe that your right to freedom of expression has meaningfully changed since 2003.
> 3. Right to freedom of assembly
Again, there are a wide range of longstanding limitations and conditions surrounding this right which are occasionally revised and refined to keep them current (and to avoid a situation where we govern using something akin to constitutional originalism, which is a clusterfuck). It is not possible to avoid refining laws in this manner, and it is not a right being taken away from you.
Specifically in this case, there are multiple provisions in the Public Order Act of 1986 (actually maybe a 1991 revision glancing at it now) to allow the police to forbid, restrict, and dissolve public processions and gatherings at their discretion, including for a failure to notify the police of the intent to gather. Police have long been able to use these as the basis to dissolve nuisance gatherings and protests which cause significant disruption or noise. Your right to peacefully gather and protest has never afforded you the right to cause a significant or sustained nuisance to others who also enjoy rights which the government must protect.
- snehk 3y agoThe government allows itself to change the rules at any time. Thus all changes to the rules are absolutely fine?