NOTICE for UK customers : Section 5 of the Public Order Act, 1986).
Even in 2024, we unfortunately have repressive UK laws that oppress freedom of speech and stifle us from expressing our cultural language. Just remember there is no right not to be offended – and law enforcement would need to prove the possibility of someone being, “offended” by words on a garment.
Is “FCK ME” “abusive” language under section 5 (1) - (b)?
Because, “abusive” is not defined in the Act, the court will use it’s ordinary dictionary meaning.
The Cambridge Dictionary defines, “abusive” as:
“Using rude or offensive words”.
Is “FCK ME” really “rude or offensive”? (“Insulting” was removed from section 5 by amendment in 2014. (See College of Policing guidance for context).
Even if the Magistrates were to find, “FCK ME” to be abusive, the key issue, is the context in which it was worn.
section 5 requires that those abusive words must be said (or written/visible representation) “within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby”.
Hopefully you are not purchasing any of my garments to wear at a children’s nursery or to attend a church service, They are exclusively designed & intended as a fun way to express our sexuality, individuality in LGBTQIA+ safe space and/or private/home event or party.
Would a Magistrates really believe that there is anybody at LGBTQIA+ safe space who’s likely to be caused, “harassment, alarm or distress” by someone wearing a garment that they found humorous?. Remember that The Crown have to prove, with evidence, harassment alarm or distress.
With all the above in mind, If you wish you can choose to have UNCENSORED word(s), or you can can choose at no extra cost to have an asterisk* censoring one or more of the words.
The default ALL word(s) will be CENSORED, unless the choose from the dropdown option : UNCENSORED*
*By choosing UNCENSORED you are accepting said garment(s) will be worn in a LGBTQIA+ safe space or private/home event or party. And agree not to hold SUBJETT (collectively "Merchant Store Name", "we" and "us", "data controller", "PSP payment service provider", "hosting", or "physical person") liable for any prosecutions that may arise from a garments use outside of above stated safe spaces.
Changes to legislation:
Public Order Act 1986, Section 5 is up to date with all changes known to be in force on or before 22 February 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
5 . Harassment, alarm or distress.
(1) A person is guilty of an offence if he—
(a) uses threatening [F1or abusive] words or behaviour, or disorderly behaviour, or
(b) displays any writing, sign or other visible representation which is threatening [F1or abusive],
within the hearing or sight of a person likely to be caused harassment, alarm or distress thereby.
(2) An offence under this section may be committed in a public or a private place, except that no offence is committed where the words or behaviour are used, or the writing, sign or other visible representation is displayed, by a person inside a dwelling and the other person is also inside that or another dwelling.
(3) It is a defence for the accused to prove—
(a) that he had no reason to believe that there was any person within hearing or sight who was likely to be caused harassment, alarm or distress, or
(b) that he was inside a dwelling and had no reason to believe that the words or behaviour used, or the writing, sign or other visible representation displayed, would be heard or seen by a person outside that or any other dwelling, or
(c) that his conduct was reasonable.
(4)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
F1 Words in s. 5(1) substituted (1.2.2014) by Crime and Courts Act 2013 (c. 22), ss. 57(2), 61(2); S.I. 2013/2981, art. 3
F2 S. 5(4)(5) repealed (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 111, 174(2), 178(8), Sch. 7 para. 26(5), Sch 17 Pt. 2; S.I. 2005/3495, art. 2(m)(u)(xxvi)