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Thanet backs down after FSU challenge to ‘free speech gagging’ order

Frederick Attenborough

3 September 2025

Thanet District Council has scrapped plans to impose a sweeping Public Spaces Protection Order (PSPO) that would have banned swearing in public spaces, after receiving a legal challenge from the Free Speech Union.

In a press release issued on 3 September, the council confirmed that “the Council will not implement the PSPO that was the subject of the pre-action correspondence” and would instead “review the evidence and consult on an amended order.” Although Thanet’s leadership attempted to present the retreat as a pragmatic step to avoid legal costs, their press release leaves no doubt that our challenge forced the U-turn. “This decision follows legal correspondence from the Free Speech Union,” admitted Council Leader Cllr Rick Everitt.

So what exactly was the measure Thanet has now abandoned? The proposed order would have given council enforcement officers the power to fine people £100 for “using foul or abusive language in such a manner that can… cause either alarm or distress to any other person in any public place.”

Under the Anti-Social Behaviour, Crime and Policing Act 2014, councils may only impose a PSPO if they are satisfied on reasonable grounds that the behaviour in question causes a persistent and continuing detrimental effect on the quality of life of local residents. Section 72 of the Act also requires local authorities to have “particular regard” to the rights of freedom of expression and assembly protected by Articles 10 and 11 of the European Convention on Human Rights. We argued that Thanet’s order, with its vague and over-broad restrictions on language, fell far short of those statutory requirements.

This is the second time in two years that Thanet has tried to introduce a speech-restricting PSPO, and the second time it has abandoned the idea in the face of legal action from the FSU.

This latest victory is part of a broader campaign. The FSU has already forced Redbridge Council to abandon its PSPO and persuaded Cumberland Council to extend its consultation on a similar order. Our analysis of PSPOs across more than 50 local authorities shows that many councils are stretching the powers given to them under the 2014 Act to criminalise lawful speech such as ‘swearing’, ‘shouting’ or even causing ‘distress’, often without the “particular regard” to free expression and assembly required by law. Thanet’s capitulation is another important step in pushing back against this creeping culture of localised speech codes.

Reacting to the latest victory, FSU Chief Legal Counsel Bryn Harris said: “The FSU notes the decision of Thanet District Council to withdraw its unlawful order. We congratulate district residents on winning back their freedom of speech, and remind the many local authorities with similar orders that prohibiting ‘distressing’ speech is unlawful and will not withstand legal scrutiny. We invite those authorities to reconsider urgently and thereby avoid a humiliating climbdown. Thanet proposes to amend and reintroduce its order – we will be watching closely.”