Swearing in public is not automatically illegal in the UK, but it can become a criminal offence depending on the context and the impact it has on people nearby. Under Section Five of the Public Order Act 1986, it is an offence to use threatening or abusive words or behaviour within the hearing or sight of a person who is likely to be caused harassment, alarm or distress.
Context is key
Depending on the context, swearing could be classed as a crime. The key thing to know is that someone must feel or be likely to feel distressed for it to be an offence — so casual swearing with a group of friends is unlikely to be seen as a crime. In terms of swearing at a police officer, they are less likely to be considered distressed and so swearing in front of them will not necessarily see you penalised.
Historically, swearing in public was a specific criminal offence in the UK under old laws like the Profane Swearing Act 1694 and later the Profane Oaths Act 1745. Things have changed since then, and there is no longer any blanket law that prevents you from swearing in public.
Local council bans
Certain local councils in England and Wales have brought in Public Space Protection Orders (PSPOs) to help target antisocial behaviour — which does include swearing in public. Guildford Borough Council and Waverley Borough Council are two examples where bosses have introduced PSPOs, which restrict intentional shouting, screaming or swearing.
A survey carried out earlier this year found that as many as one in five councils in England and Wales had introduced bans on swearing, offensive language or shouting in public, according to the Telegraph, which has attracted criticism from free speech campaigners.
Punishments for breaking the law
If you're found to be breaching a PSPO, it's classed as a criminal offence. It can result in a fine, via a fixed penalty notice starting from £100, through to a maximum of £1,000 – though this higher figure usually is connected to breach of alcohol PSPO, according to the experts at ASB Help.
If you are guilty of breaking the law under Section Five of the Public Order Act, it's punishable by a maximum fine of £1,000. If the offence is thought to be aggravated by racial or religious hostility, the maximum fine increases to £2,500.
