We believe that Section 5 appears to be the go-to legislation for potentially malicious arrest and prosecution. It requires no actual complainant or victim. To make an arrest, police simply have to believe that someone (incl. themselves) could be caused harassment, alarm or distress by words spoken.
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We want the government to repeal Section 5 of the Act. And to amend Section 4A to:
- require the person who was caused harassment, alarm or distress to make a formal complaint to the police
- state that police officers cannot be caused harassment, alarm or distress under section 4A
- remove the term "insulting" as a criteria variable
- explicitly state what qualifies as "abusive".
We believe that nobody should be arrested for being overheard, or for using swearwords in public.