Free Speech Union to Pursue Legal Action Against Thanet Council Over Latest Public Spaces Protection Order
Toby and the Free Speech Union are taking Thanet Council to court, arguing that its new alcohol and antisocial behaviour Public Spaces Protection Order (PSPO) for Margate, Ramsgate, Broadstairs and Westgate still tramples on free speech despite tweaks to its “foul language” ban. The Isle of Thanet News has the story.
The renewed PSPO was initially approved by Thanet council in July last year but rescinded just weeks later following a threat of costly legal action by the Free Speech Union, largely based around restrictions on the use of “foul” language.
Following amendments it was again approved last month but the FSU claims that although improved, the order “would still have a chilling effect on free speech in the borough (and) is still unlawful.”
The main areas of contention are around the “broad and subjective” language used in the order, with the ‘foul and abusive language’ restrictions hitting the headlines both last year and this year.
A representative of the Free Speech Union contacted the council on July 23rd, the day before the proposals were to be considered by Cabinet, asking for a for a meeting and outlining suggestions for some amendments to the Order.
After discussion, these were not implemented and the PSPO was agreed by Thanet council on July 24th.
On July 31rd, the Free Speech Union contacted the council by letter again, sent under the pre-action protocol for judicial review.
Rick Everitt
On August 8th, council leader Rick Everitt approved a number of minor alterations to the new PSPO in a bid to clarify the restrictions after instructing the council’s legal team to carry out a further review of its terms.
Changes to the wording for a ban on “excretions of bodily fluids” in public, which the FSU says would criminalise crying or breastfeeding, now highlight it to mean spitting, urinating and defecating.
The restrictions on foul language remain with the order tweaked to clarify “foul language that is abusive within the hearing of any other person likely to be caused harassment, alarm or distress thereby”.
Wording for where the PSPO applies to has had “pubs and clubs” removed.
Members of Thanet council at a cabinet meeting on July 24th challenged The Free Speech Union to come to Thanet and make its objections in person.
Last week General Secretary of The Free Speech Union, Lord Toby Young of Acton, posted a video on social media to announce that The Free Speech Union will be on Margate beach at 10.30am today and is pressing ahead with its the legal challenge against TDC.
The FSU says: “Under the revised order, it remains an offence to swear in public or to behave in a way that makes someone feel either ‘humiliated’ or ‘degraded’. This includes inadvertently and indirectly offending someone in a private conversation if it takes place on the streets of Margate, Broadstairs or Ramsgate.”
Lord Young of Acton added: “Thanet District Council seems to be in the habit of announcing these authoritarian restrictions on free speech, only to back down when the Free Speech Union threatens legal action.
“God knows what this is costing Council Tax payers in legal fees. I hope it will eventually learn its lesson, stop threatening to fine residents for perfectly lawful behaviour and focus on dealing with actual criminal behaviour.” …
The PSPO will be in force for a period of three years. Enforcement officers will have the authority to issue Fixed Penalty Notices (FPN). The penalty is £100 to be paid within 28 days but is reduced to £60 if paid within 14 days. …
The PSPO has been backed by Kent Police’s Chief Inspector Ian Swallow who says it will mean an additional “small army of people” who can use enforcement powers while police officers are dealing with higher level crimes.
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Simon
8 months ago
The “likely cause” should be replaced with “actual cause” thus putting the onus on the praecutor to prove their case.
Solentviews
8 months ago
Who are these ‘Enforcement Officers’? What training do they get? How close are they allowed to get to someone to listen in to their private conversations? How do they adjudicate who gets ‘offended’? I find the legions of morons walking through the streets of London chanting “jihad” somewhat offensive.
Still I’m sure they wouldn’t dare to come down to Thanet now….
This could become hilarious! Suppose all the offenders switched to the language of Shakespeare to swear, or appropriated and imbued the language of Enid Blyton with new offensive meaning.
Well if men can identify as women and expect to be treated as such then I think the good, pro-free speech people of Thanet should all identify as Tourette’s sufferers. If ‘The Enforcers’ still come for you plead ableism and threaten you’ll sue for discrimination. This could be a very entertaining social experiment if people could take the piss as a collective. ‘People power’, and all that.
Gezza England
8 months ago
Perhaps Thanet Labour Council should employ some more competent people in its legal department to prevent it making illegal legislation. However it could be that they have been warned about the problems but the idiot councillors have just ignored it as it was not what they wanted to hear.
I see that the last Thanet District Council elections were on 4th May 2023, when Labour won 30 seats with 40% of the vote.
At the Kent County Council elections on 1st May 2025, Labour won 1 seat with 12% of the vote.
I wonder how confident the clown in the red rosette is (pictured above).
We could use the names of prominent politicians as adjectives, verbs, nouns etc.
“You really are a complete and utter Starmer”
“Don’t Lammy that up FFS”
“Well – you’re about much use as a Reeves in a colander”
“My toilet’s blocked with a giant Rayner”
Endless possibilities …
“police officers are dealing with higher level crimes.”
Would the higher level crimes include those pesky crimes such as wolf-whistling or shoplifting or the really difficult stuff like domestic burgulary?
Curio
8 months ago
If one applied universally the restriction of foul language, then they should close down all cinemas, TV and radio stations, where there is staple diet of F..k in all its tenses. In 2018, people talked openly about the F-Bomb in TV comedy and more recently a report reads: “Several recent films, including “Deadpool & Wolverine”, “The Wolf of Wall Street”, and “End of Watch”, are known for their frequent use of the word “f..k”. Why are they picking on pubs? Is it because these are the places where alcohol is served? And don’t we all know who wants to ban alcohol in the country? Stand to be corrected.
Non-police issuing fixed penalty notices for subjective speech (“inadvertently and indirectly offending someone in a private conversation if it takes place on the streets of Margate, Broadstairs or Ramsgate.”)? Really?? There’s no definition and so it’s open to wholesale misuse.
RTSC
8 months ago
I presume Thanet Council has published a handy list of prohibited swear words … so we all know what we’re not allowed to say when we stub our toes.
To join in with the discussion please make a donation to The Daily Sceptic.
Profanity and abuse will be removed and may lead to a permanent ban.
The “likely cause” should be replaced with “actual cause” thus putting the onus on the praecutor to prove their case.
Who are these ‘Enforcement Officers’? What training do they get? How close are they allowed to get to someone to listen in to their private conversations? How do they adjudicate who gets ‘offended’? I find the legions of morons walking through the streets of London chanting “jihad” somewhat offensive.
Still I’m sure they wouldn’t dare to come down to Thanet now….
This could become hilarious! Suppose all the offenders switched to the language of Shakespeare to swear, or appropriated and imbued the language of Enid Blyton with new offensive meaning.
Well if men can identify as women and expect to be treated as such then I think the good, pro-free speech people of Thanet should all identify as Tourette’s sufferers. If ‘The Enforcers’ still come for you plead ableism and threaten you’ll sue for discrimination. This could be a very entertaining social experiment if people could take the piss as a collective. ‘People power’, and all that.
Perhaps Thanet Labour Council should employ some more competent people in its legal department to prevent it making illegal legislation. However it could be that they have been warned about the problems but the idiot councillors have just ignored it as it was not what they wanted to hear.
Once again the FSU shows what a fine organisation it is. Hats off!
I see that the last Thanet District Council elections were on 4th May 2023, when Labour won 30 seats with 40% of the vote.
At the Kent County Council elections on 1st May 2025, Labour won 1 seat with 12% of the vote.
I wonder how confident the clown in the red rosette is (pictured above).
We could use the names of prominent politicians as adjectives, verbs, nouns etc.
“You really are a complete and utter Starmer”
“Don’t Lammy that up FFS”
“Well – you’re about much use as a Reeves in a colander”
“My toilet’s blocked with a giant Rayner”
Endless possibilities …
I like this.👍👍👍
Slightly different context, but the phrase “doctors and engineers” is gaining popularity. The use is ironic and relates to nautical ferry services.
“police officers are dealing with higher level crimes.”
Would the higher level crimes include those pesky crimes such as wolf-whistling or shoplifting or the really difficult stuff like domestic burgulary?
If one applied universally the restriction of foul language, then they should close down all cinemas, TV and radio stations, where there is staple diet of F..k in all its tenses. In 2018, people talked openly about the F-Bomb in TV comedy and more recently a report reads: “Several recent films, including “Deadpool & Wolverine”, “The Wolf of Wall Street”, and “End of Watch”, are known for their frequent use of the word “f..k”.
Why are they picking on pubs? Is it because these are the places where alcohol is served? And don’t we all know who wants to ban alcohol in the country?
Stand to be corrected.
Non-police issuing fixed penalty notices for subjective speech (“inadvertently and indirectly offending someone in a private conversation if it takes place on the streets of Margate, Broadstairs or Ramsgate.”)? Really?? There’s no definition and so it’s open to wholesale misuse.
I presume Thanet Council has published a handy list of prohibited swear words … so we all know what we’re not allowed to say when we stub our toes.