Council warned of potential legal challenge over foul language ban in public space protection order

Activist group the Free Speech Union is understood to have threatened Thanet District Council with a judicial review over a public space protection order (PSPO) which prohibits the use of foul or abusive language.

The council said the combined Alcohol & Antisocial Behaviour PSPO replaced two separate orders related to alcohol and antisocial behaviour.

A council statement said: ”The restriction included in the PSPO does not relate to swearing in general. It refers specifically to foul language that causes alarm or distress to other people.”

It said this restriction had been in place since the original order took effect in 2018.

The combined PSPO would cover “an expanded range of negative behaviours” in the Birchington, Margate, Broadstairs and Ramsgate areas rather than the whole of Thanet.

Thanet said that following consultation the wording in the order dealing with foul language would read “all persons are prohibited from using foul or abusive language in such a manner that is loud and can be heard by others and cause either alarm or distress to any other person in any public place”.

Heather Keen, Thanet's cabinet member for neighbourhoods, said: “Antisocial behaviour can have a detrimental effect on people’s enjoyment of the place where they live, if it isn’t dealt with. It can also spoil the experience of visitors and holidaymakers. 

“The combined PSPO can tackle an expanded range of negative behaviours. The first step will be an education and behaviour change approach, but if this is not successful, enforcement can follow.”

The Free Speech Union has been contacted for comment.

Mark Smulian