UK's Top Court Rules on Censorship Zones

Listen to this News

Can the government censor people in public spaces simply because of their pro-life views? The UK Supreme Court has delivered a decision on the validity of Northern Ireland's ban on �direct' and �indirect' pro-life �influence' in a 100m vicinity of abortion facilities earlier this month.

The proposed legislation could make illegal not only the already illegal practise of harassing someone, but also the practise of silent or quiet prayer, as well as the distribution of pamphlets advertising charitable organisations that offer alternatives to abortion, such as financial or practical support.

‘Nine judges of this Court assembled to determine whether privacy is a constitutionally protected value’

The court has decide whether �censor zones' are an unjustifiable restriction on people's rights to freedom of expression, assembly, and belief.

The Court's ruling comes as Westminster and Holyrood deliberate on parallel measures.

What is a Censorship Zone?

A censorship zone sets out a defined area around an abortion facility that prevents citizens from engaging in otherwise legal activities within it. Prohibited activities range from the use of amplification equipment to assembling in a group, or even praying quietly alone. Censorship zones around abortion facilities can range from 100 - 800 meters in circumference and are usually intended to prevent any contact between citizens entering a facility and those engaging in pro-life activities.

Censorship Zones and Criminal Law

Most of the states that have introduced, or are considering censorship zones, have constitutional traditions that look to minimize the criminalization of citizens. Censorship zones violate this minimization principle by criminalizing the otherwise lawful activities of all citizens in the zone. States already have comprehensive public order laws that protect citizens from anti-social behaviour. When censorship zones are introduced, they encourage the use of similar orders as a first response rather than a last response to a real problem.

Supreme Court's Ruling

The Supreme Court of the United Kingdom upheld a prohibition on pro-life protests and prayers inside a 328-foot radius outside of any abortion clinic in Northern Ireland.

The constitutionality of a restriction on �direct' and �indirect' pro-life �influence' within 100 metres (328 feet) of abortion facilities in Northern Ireland was challenged in the high court.

Therefore, it is now illegal in Northern Ireland for anybody to pray, display a sign, distribute literature, or engage in any kind of conversation with a lady outside of an abortion facility. Anyone found guilty of trespassing faces a possible punishment of �2,500. (Approximately $3,060 USD)

During the March 2018 session of the Northern Irish Assembly, the Abortion Services (Safe Access Zones) bill was passed.

Reactions to the Ruling

Alliance Defending Freedom UK Legal Counsel Jeremiah Igunnubole issued a statement in response to the verdict, saying, "Peaceful presence, ordinary conversation, calm or silent prayer - these acts should never be criminalised in a democratic nation like the UK."

Igunnubole expressed his displeasure with the Supreme Court's decision, saying, "We are of course saddened to see today's Supreme Court judgement, which fails to preserve the basic freedoms to pray or to provide help to women who may wish to know about practical support available to avoid abortion."

"Criminalizing any form of �influencing' is a slippery slope that sets an unacceptable low bar for crime. Even while pro-life beliefs are protected under domestic and international human rights legislation, Northern Ireland's broadly framed statute gives police officers discretionary authority, leading to the unfair detention and punishment of people expressing them" he went on to say.

Precious Life, a pro-life organisation in Northern Ireland, called the high court's decision a "travesty of justice," and pledged to redouble its efforts in public awareness campaigns to convey the horrible truth of what abortion causes to an innocent foetus.

A spokesperson for the group stated, "The judges in the Supreme Court concluded this is reasonable and justified, even though it infringes rights of freedom of expression and assembly granted by the European Convention on Human Rights."

The legal team for Precious Life plans to appeal the verdict to the European Court of Human Rights.

According to a CBN News article from the 6th of December, a pro-life volunteer in the United Kingdom has filed suit against a local rule that establishes censorship zones surrounding abortion facilities, making it illegal for pro-life campaigners to talk, pray, or aid people searching for alternatives.

Ex-clinical scientist and 40 Days for Life Bournemouth organiser Livia Tossici-Bolt is seeking a formal review of the Public Spaces Protection Order (PSPO) adopted in October by the English cities of Bournemouth, Christchurch, and Poole.

The ADF UK received her November complaint, in which she claimed that authorities had violated her right to worship in a public place.

Tossici-Bolt argues that the council lacked the authority to pass the PSPO because its members improperly tried to ban legitimate and peaceful conduct.

According to the Christian Legal Center, public safety protection orders are typically used to address issues like drug and alcohol misuse and dangerous canines. However, �vigils where members audibly pray, read scripture' near a clinic will be outlawed by this rule.

After the Supreme Court of the United Kingdom issued its judgement on the Northern Irish statute, there has been no word on what the future holds for Tossici-case. Bolt's ADF UK, however, stated in a news release that the zones had already been implemented by local authorities in five places.

Parliament is Considering Establishing Censorship Zones in England and Wales

Censorship zones in England and Wales are on the legislative agenda of the British Parliament. Parliament is presently debating the Public Order Bill, which includes Clause 9 that would make it illegal for pro-life volunteers to �influence,' �advise,' �persuade,' �inform,' �occupy space,' or �express opinion' in the area around an abortion facility.

Offenders risk a maximum jail sentence of two years if caught.

One member of the House of Lords, Liberal Democrat Peer Lord Beith, called Clause 9 "the most significant limitation on free expression I have yet seen in any UK law."

A bill to establish censorship zones surrounding abortion facilities in Scotland, similar to the one proposed in Northern Ireland, has received backing from the Scottish government.

Legal representatives for the government made it apparent during a Supreme Court hearing in July 2017 that they intended to include prayer under the definition of �influencing' in their legislation. Even if you pray silently, the Lord Advocate stated, you might still suffer �psychological injury'.

According to a story from CBN News last month, even silent prayer in front of an abortion facility in England can result in a six-month jail sentence.

Members of Parliament approved a change to the Government's Public Order Bill by a vote of 297 to 110 that would make it illegal to pray with or provide advise to women outside of abortion facilities.

References:

1. CBN News - https:www1.cbn.com/cbnnews/world/2022/december/uks-highest-court-upholds-ban-on-pro-life-prayers-and-gatherings-near-abortion-clinics
2. CENSORSHIP ZONES The Hyper-Regulation of Public Spaces - Available at - https:adfinternational.org/wp-content/uploads/2021/08/ADF_INT_CensorshipZones_Brief_20180315.pdf
3. ADF UK - https:adf.uk/supreme-court-rule-on-censorship-zones/

Source: Medindia