Lois McLatchie

What might the new Police, Crime, Sentencing and Courts (PCSC) Bill mean for free speech?

The PCSC Bill seeks to strengthen police powers to respond to public order incidents and protests.  

We are concerned that the Bill could make things worse for those expressing deeply held views which includes Christians wanting to share about their faith publicly.  

The Bill, if passed today, would give police broad powers to impose conditions or arrest people if their public expression causes “serious unease, alarm or distress”, or even “inconvenience” to bystanders; concepts that are highly ambiguous and incredibly subjective.  In light of the risks, we are campaigning for the inclusion of clear, unambiguous, and robust protections for freedom of speech – applying both to the PCSC Bill and to wider public order legislation.

What can I do?

Why isn’t the current law protecting free speech in the public square?

71-year-old John Sherwood has been a Pastor in North London for 35 years. As part of his Christian calling, he preaches in the open air. But in May 2020, local authorities censored him for the apparent use of “abusive words” likely to cause “harassment, alarm or distress”. “I was only saying what the Bible says – I wasn’t wanting to hurt anyone or cause offence,” refuted Sherwood. He had preached from Genesis 1:26. Male and female they created them. It’s his basis for the belief that marriage is between one man and one woman – a view held by about 1 in 5 Brits. 

How have we got here?

The part of the Act (section 5) relating to the criminalization of abuse likely to cause harassment alarm and distress were largely introduced to give police powers to tackle violent football hooliganism and riots. However, the Act is now more often used to arrest people for legitimate speech. The ban on “insulting” speech, which allowed for subjective interpretations, was removed from the law 8 years ago, but a person is still guilty of an offence if he or she “uses threatening or abusive words or behaviour, or disorderly behaviour”.

Yet, despite Parliament’s clear intention against the criminalization of insulting speech, arrests on these grounds have continued. Police officers have simply opted to arrest individuals previously considered insulting as ‘abusive’, which remains a criminal offence.

WHY IS YOUR SUPPORT IMPORTANT?

Whether it be for sharing deeply held beliefs relating to matters of ethical, political or religious debate, our public order laws have been too often used to falsely arrest or threaten arrest people for their expression in the streets. We believe that the law needs reform so that a reasonable balance is struck between upholding the right to freedom of expression and maintining public order.

By writing to your Member of Parliament, you ask him to sign a Freedom of Speech motion in Parliament. The more signatures the motion obtains, the stronger the message for Government.

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Case Summary

Police investigations against Räsänen started in June 2019. As an active member of the Finnish Lutheran church, she addressed the leadership of her church and questioned its official sponsorship of the LGBT event ‘Pride 2019’, accompanied by an image of a Bible text. Räsänen has already attended several lengthy police interviews about her views and had to wait over a year for the General Prosecutor to decide whether to continue with the prosecution. That decision was made in April 2021 and ADF International will continue supporting Räsänen’s defense and the right for everyone to freely share their beliefs.

Päivi Räsänen has served as a member of the Finnish Parliament since 1995, and was Minister of the Interior from 2011-2015. She is a medical doctor, mother of five children, and has seven grandchildren.

“Freedom of speech is one of the cornerstones of democracy. The Finnish Prosecutor General’s decision to bring these charges against Dr. Räsänen creates a culture of fear and censorship. If committed civil servants like Päivi Räsänen are criminally charged for voicing their deeply held beliefs, it creates a chilling effect for everyone’s right to speak freely, ”said Paul Coleman, Executive Director of ADF International and author of “Censored“.