Victorians give anti swearing laws the arse

About 200 people gathered on the steps of Victorian parliament house on June 3 for a “Swear In” to protest against new laws that give police the power to fine people for swearing.

Colleen Hartland, Greens member of the legislative council, spoke of the civil liberties implications while protesters chanted potty-mouth slogans in a show of defiance to police.

The protest was organised through Facebook and was called on May 31. By June 3, the event invitation had been circulated to more than 10,000 people. This demonstrates just how unpopular the laws are.

Offensive language has been an offence under the Summary Offences Act since 1966, but previously police had to lay charges through the court system. This meant they had to justify the charges to a busy magistrate.

Under the new laws, introduced as a trial by the former Brumby ALP government, police can issue on-the-spot fines of $238.90.

Police can exercise discretion about what constitutes offensive language. This gives rise to concerns about a lack of accountability and abuses of police power.

There is no definition of offensive language, no list of words that are deemed unsavoury. A single police officer now has the authority to decide whether or not to fine someone for saying “arse”.

It's reasonable to envisage these laws being used together with new search powers and the increased presence of police and protective service officers on public transport.

We can foresee scenarios where young people travelling on trains are singled out by police on the basis of their appearance, and searched.

If the travellers swear four times in defence of their civil liberties, they would receive four fines for $238.90 each. When fines go unpaid, they end up in the fines system, accruing larger and larger debt. This interferes with people's ability to register their cars and leads to warrants and the confiscation of people's property.

It's also reasonable to foresee the laws being used at protests in attempts to control the behaviour of dissenters.

Another protest, dubbed “Fuckwalk”, is scheduled for June 25 at 2pm on the steps of Flinders Street Station.