Freedom of Speech and Highclere Parish Council, just don't mention squirrels Options

[Simon Kirby]

Small article in last week's NWN about a spat of notice-posting about squirrels on the Highclere parish notice board and the Council have now banned the posting of all opinion, personal, contentious, and political. But can they do that, especially banning the posting of political opinion? Isn't it important in a free society to have the liberty to express yourself freely, at least within the limits of Article 10 of the Human Rights Act?

[GMR]

Small article in last week's NWN about a spat of notice-posting about squirrels on the Highclere parish notice board and the Council have now banned the posting of all opinion, personal, contentious, and political. But can they do that, especially banning the posting of political opinion? Isn't it important in a free society to have the liberty to express yourself freely, at least within the limits of Article 10 of the Human Rights Act?

I agree that should be the case, sadly certain people in power don't see it that way (and power i mean by anybody who wields authority).

[Iommi]

Surely unauthorised posting on a parish notice board could constitute graffiti? My view is what lies behind the issue, rather than then issue of human rights. A parish notice board could be come smothered with frivolous notices and block the view of official ones.

[Jayjay]

Understand the point and can sympathise to a certain extent. But we all hold strong opinions on subjects from vandalism, drugs, parking, driving, the council etc., if we all posted notices the council would drown in a sea of paper.

[user23]

Small article in last week's NWN about a spat of notice-posting about squirrels on the Highclere parish notice board and the Council have now banned the posting of all opinion, personal, contentious, and political. But can they do that, especially banning the posting of political opinion? Isn't it important in a free society to have the liberty to express yourself freely, at least within the limits of Article 10 of the Human Rights Act?

Surely it's up to the parish council what is posted on their notice board?

It is a free society anyone has the right to start their own squirrel notice board should the wish it.

[GMR]

Surely it's up to the parish council what is posted on their notice board?

The Parish council is there for the community, not for the Parish councillors sake.

It is a free society anyone has the right to start their own squirrel notice board should the wish it.

It is a free society, but saying that it also depends what the reasons are for putting up a notice board in the first place: for the community or so that the councillors can blow their own trumpet.

[Strafin]

It's a parish council notice board. It's there for the council to blow their own trumpet, advertise their events and services, and provide information about the council itself. It is not for the public to come and put what they like on it. It is not about freedom of speech, as User23 says if someone wants to start their own campaign notice board they can.

[JeffG]

if someone wants to start their own campaign notice board they can.

And the parish council would probably then object on planning grounds.

I do agree, however, that a parish council notice board is for the parish council (alone) to post notices.

[GMR]

It's a parish council notiuce board. It's there for the council to blow their own trumpet, advertise their events and services, and provide information about the council itself. It is not for the public to come and put what they like on it. It is not about freedom of speech, as User23 says if someone wants to start their own campaign notice board they can.

I wouldn't dispute that. And which is roughly what I said. I was just defining what it is.

[On the edge]

I suppose they can. However, most Parish Councils are a complete and utter waste of time and money. This is yet more evidence. If they have a resident who feels that strongly - invite them to an open meeting and get it debated. Thats what Parish Councils are supposed to do! However its much easier to sit round drinking tea and buscuits discussing what Norris said at the party's Annual Conference, drafing notes to WBC asking them to shell out to mend and salt roads that only three people a year use. Turn up - have a tilt!

[GMR]

I suppose they can. However, most Parish Councils are a complete and utter waste of time and money. This is yet more evidence. If they have a resident who feels that strongly - invite them to an open meeting and get it debated. Thats what Parish Councils are supposed to do! However its much easier to sit round drinking tea and buscuits discussing what Norris said at the party's Annual Conference, drafing notes to WBC asking them to shell out to mend and salt roads that only three people a year use. Turn up - have a tilt!

From my experience of local committees and organisations that are supposed to represent the local interests, I have found them clique, exclusive and are there to serve their own interests; above and beyond the interests of the local community. That is why I and others resigned.

[Simon Kirby]

Understand the point and can sympathise to a certain extent. But we all hold strong opinions on subjects from vandalism, drugs, parking, driving, the council etc., if we all posted notices the council would drown in a sea of paper.

I only know what I read in the small article but the implication was that the parish council has not previously restricted the content of notices, and there has not been any drowning issue.

Surely unauthorised posting on a parish notice board could constitute graffiti? My view is what lies behind the issue, rather than then issue of human rights. A parish notice board could be come smothered with frivolous notices and block the view of official ones.

That's a fair point, but that's not the problem the Council are addressing. The Council are happy to provide the notice board as a service to the community and allow parishoners to post their own notices there, but they have restricted the content of the notices so that contentious, personal, and political opinions are prohibited. My contention is that it is unlawful under the HRA to interfere with a parishoner's Article 10 right to freedom of expression. The Council is under no obligation to allow parishoners to post their own notices, but while it does it is unlawful for it to censor the content exccept as allowed by Article 10.

Surely it's up to the parish council what is posted on their notice board?

It is a free society anyone has the right to start their own squirrel notice board should the wish it.

Your second point was my initial thought too, but it's not quite as simple as that. As already mentioned there is the planning permission issue, and even if the parish council raised no objection it would cost the parishoner a couple of hundred quid to have an approved notice board of their own.

But for your first point I contend otherwise because of the implication of S.6(1) HRA 1998: It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

And Article 10: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers...

[On the edge]

And Article 10: [i]Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers...

Presumably its been amended to say 'provided those ideas and expressions exactly accord with those of the national and local government officials looking after you'

[HeatherW]

Articles such as those pointed out above are obligatory, but they are then buried in other details in the hope that the less well educated do not notice them. When confronted with what is said above they can mystify the person with waffle. Governments and officials do that all the time. Why so surprising when Parish councils do it?

[Iommi]

Who owns the notice board? The suggestion is that I may write <PoliticianA>:<CelebrityA>:<etc> is a **** on any wall I wish. It is my right, is it not?

[Simon Kirby]

Who owns the notice board?

I think it's fair to assume it's the Parish Council.

[Iommi]

I think it's fair to assume it's the Parish Council.

QED

[JeffG]

Hilarious! Someone is not allowed to post something on a parish notice board and it's a breach of their human rights

[Simon Kirby]

Who owns the notice board? The suggestion is that I may write <PoliticianA>:<CelebrityA>:<etc> is a **** on any wall I wish. It is my right, is it not?

No, it's not. Sorry, I cut short the full Article 10 for brevity. This is the full deal:

Article 10 Freedom of expression

1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

So you don't have the right to say whatever you like in whatever form you like. The Parish Council are not even obliged to provide a notice board for their parishoners to post their own notices. But in this specific situation where the Parish Council does provide a notice board for parishoners to post their own notices my contention is that the Council violates the parishoner's Article 10 right if it subsequently restricts her freedom to post political, personal, and contentious opinions, providing that those opinions do not violate anyone else's rights.

[Simon Kirby]

Hilarious! Someone is not allowed to post something on a parish notice board and it's a breach of their human rights

When I see a parish council restricting the expression of political or contentions opinions I frown rather than laugh.