Jennifer Clark
November 12, 2012
Government 2305
Civil Liberties
Specific Restrictions on Freedom of Speech and statement such as defamation, If a statement is made that makes false statements that would harm a person's reputation, then they can be liable – LIBEL. Censorship - no censorship of plays but the Theatre Act 1968 makes it a criminal offence to present a play which is likely to corrupt/deprave any individual local authorities will decide whether a film is suitable for public viewing. They also have the responsibility of granting licenses for premises to show films. They can also rely on the BBFC. Anyone may start an action in respect of an alleged obscenity in a film.
National Security - People who have acquired knowledge which if made public would jeopardize the safety of the state are forbidden by the Official Secrets Act from disclosing this information. They are subject to prosecution if such information is disclosed the mass media are also liable for prosecution if they publish information breaking the Act. Obscene Publications - It is an offence to publish any obscene material which is likely to deprave/corrupt people, like in the Protection of Children Act 1978 or the Children and Young Persons Act 1955. Freedom of Association (The Public Order Act 1936) prohibits semi-military organizations; it is an offence to control, manage, organize or train anyone for the purpose of taking the place of the police, armed forces etc, or for the use of force in promoting politics
e.g. Spearhead 1963; neo-Nazi’s were convicted under this Act. The Prevention of Terrorism Act 1984
Part 1: illegal organizations including the IRA and Irish National Liberation Army; it is illegal to belong to such organizations or to solicit or invite financial support. There are very few restrictions under English law; you can join almost any club or religion that you want, with the exceptions of above.
Freedom of Assembly (The Public Order Act 1936) Section 11- An advance of 6 days must be given under section 11 to the police if it is a procession intended to demonstrate support for/opposition to views or actions of any groups or persons it is an offence if you do not do this, or if the procession differs from the indicated notice (notice is needed for the police to organize road route etc) sometimes the police don’t use all of their powers e.g. the fuel crisis 2000/Pinochet demonstration; this cannot stop spontaneous gatherings. Section 12- senior police officer can change the route or meeting place if the demonstration: may result in public disorder, damage to property, may result in serious injury OR if the purpose was organizing for intimidation.
Note; re-routing sometimes undermines the whole point of the march
Also, there is too broad a description of the Act; all marches intend disruption of some kind - it is the whole point of having them if section 12 can't be used outside factory and can't be used elsewhere then....
Section 13- Chief officer of police can apply to the council to ban the procession for not more than three months, but to do so must have the consent of the Home Secretary, this happens very rarely and is taken very seriously due to limitations of liberties/freedoms and rights if it is a political march, the Home Secretary may have a conflict of interests. Section 11 - 13 conclusion police are left to make their own minds up over actions -sometimes pointless in restrictions fuel crisis as spontaneous marches can happen.
Raves; (outdoor festivals)
-Can be stopped if not licensed
-criminal offence if you refuse to leave the site of the even
-police can arrest someone they believe to be going to one within a 5 mile radius
This seems to give too much power to the police, but stops people in the first place therefore making it easier to control
Hunts;
1994; new offence of "aggravated trespass" introduced which made it a criminal offence if intending to disrupt a legal