Free speech victory as councils shelve ‘busybody charters’

Free speech campaigners have declared a victory in their fight against “busybody charters” as councils have started to shelve the measures in response to legal challenges.

Local authorities across the country have used Public Spaces Protection Orders (PSPOs) to impose increasing numbers of fines of up to £1,000 for a range of activities, including loitering, swearing or even walking a dog in the wrong place.

One council is even proposing to bring in a new PSPO-linked code which could see “discourteous” street performers banned from the borough.

Breaching the terms of a PSPO is a criminal offence and can result in a fixed penalty notice. Failure to pay the fine within 28 days could lead to being hauled in front of a court to face either a prison sentence or a larger fine.

The Free Speech Union (FSU) has analysed the PSPOs of 15 local authorities around the country, and says it has found numerous examples of overreach. In some cases, they have written to councils to threaten judicial review.

Bryn Harris, the FSU’s chief legal counsel, said the use of PSPOs – known to their critics as “busybody charters” – has become “out of control”.

‘No safeguard for free speech’

“It seems that councils are overusing them, essentially to set their own local criminal laws,” he said.

“One of the main problems is that a lot of them are criminalising conduct which causes ‘alarm or distress’ with no safeguards for free speech. This could end up criminalising completely legitimate free speech.”

PSPOs were set up under the Anti-social Behaviour, Crime and Policing Act in 2014.  They were aimed at helping councils crack down on issues like prostitution or drinking alcohol in specific areas.

But some of the PSPOs analysed by the FSU have been extended to cover an entire borough. In London, both Haringey and Waltham Forest councils outlaw behaviour likely to cause “harassment, alarm or distress” across their entire boroughs.

“Why is that a problem?” Mr Harris asked. “Let’s say you want to protest on the streets and talk about someone dying and unbeknownst to you, this causes someone distress.

“That makes you liable, even if you didn’t intend it and couldn’t have foreseen [it]. That is why safeguards are absolutely necessary to preserve freedom of expression.”

The FSU wrote to Redbridge council – which has a PSPO extending across the entire borough – threatening judicial review. The council used its PSPO to outlaw catcalling and issued its first fine for this offence in 2022.

At the time, Jas Athwal, the leader of Redbridge council and London Council’s executive member for crime and public protection, said: “We are the first council in London using our PSPO to enforce against catcalling and harassment.

“We’re supporting covert police operations in the borough to ensure perpetrators are brought to justice.”

But in a letter to the council, the FSU argued that their PSPO is “manifestly unlawful”. Redbridge Council responded, confirming that they will not renew the measure when it expires in August.

Cumberland to reduce scope of PSPO

Meanwhile, Cumberland council said it would amend and extend its consultation on a new PSPO, following a legal letter from the FSU.

Cumberland council is proposing to update its existing PSPO by introducing a “code of conduct” for traders and street performers to adhere to. This states that they must “always be courteous to members of the public” and must also be “calm and polite”.

A Redbridge Council spokesperson said: “This PSPO is due to expire in August. Before renewing a PSPO we carefully review evidence to ascertain whether it is still required.

“In this case, evidence shows the PSPO has been effective and is no longer required for the whole area it covers. Instead we are exploring a similar PSPO for a smaller area. The decision process is evidence-based.”

A Cumberland Council spokesperson said that a supporting document has now been linked to on their consultation page and added that a consultation extension “allows us to receive and consider feedback” on the new document.