The creeping criminalisation of causing offence

At a time when resources are scarce, the Merseyside Constabulary must have thought long and hard about its recent advertising campaign: a stern message to the people of the Wirral. ‘Being offensive,’ it declared, ‘is an offence.’ The slogan was put on a van along with text urging the public to inform on transgressors. Four officers posed beside it for a photograph, as if standing ready to enforce its orders. The police only recognised their error after a public outcry. ‘We would like to clarify,’ said Superintendent Martin Earl, ‘that “being offensive” is not in itself an offence.’

On its own, the incident is merely an embarrassment, but it represents a worrying general trend. Once it has been established as a principle that people can be arrested for what they say, not just what they do, then police may indeed believe that being offensive is an offence and act upon that belief.