Belfast City Council are consulting on new Bye Laws which aim to manage the use of sound amplification and sharing of graphic imagery in the city centre.

The consultation is open until 5pm 4th March and can be competed online.

We are encouraging everyone to respond to the consultation, particularly sharing their personal experiences of encountering graphic images and people using sound amplification. We know many of you reading this will have been negatively impacted by anti-choice imagery and LGBTQ+ messaging in the City Centre, now is your chance to share that. It is important that we make known our views and experiences so they will be included in the next stage.

While we welcome this attempt to address issues such as graphic anti choice images and hate speech, we also have some concerns with the proposed Bye Law as the means to do this. So, it is crucial that we raise these concerns at this time to shape the development of policy.

We recommend that people read the CAJ response to this consultation which highlights how this  proposed bye law could breach Article 11 ECHR, which protects the right to freedom of peaceful assembly, and Article 10  ECHR, which protects the right to freedom of expression.

https://caj.org.uk/publications/submissions-and-briefings/response-to-belfast-city-councils-consultation-on-city-centre-bye-laws/

We are choosing to select ‘neither agree or disagree’ when possible, and then adding our reasoning in the text boxes which accompany most questions. The reason we have taken this approach is because we have concerns about the impact the Bye Law could have on protests which do not meet the exemptions set out in the draft.

While we do not agree with all aspects of the Bye Law, we absolutely agree that these issues need to be addressed and ask everyone to respond to the consultation to inform the continuing discussions.

You can respond to the consultation here and read on for some more information. 

https://yoursay.belfastcity.gov.uk/consultation-on-city-centre-byelaws

What is the Bye Law seeking to address?

Anyone who has been in Belfast City Centre will have noticed so called ‘Street Preachers’ some of whom often engage in hate speech against LGBTQ+ people in particular. There are also frequent stalls and displays in the city centre of graphic images purporting to show images of abortion, often with misinformation and insulting or shocking language. These images are often triggering for people who have experience miscarriage or abortion.

Current law is either inadequate to deal with these issues especially relating to the display of images, or not applied appropriately in the case of hate speech or incitement to hate.

What does the Bye Law propose

People wishing to use any sound amplification – from megaphones to PA systems – or display imagery in the City Centre will need to apply for a permit.

This permit will cost a ‘nominal fee’ and be valid for one year.

The permit will allow people to use amplification or display imagery for a period of 1 or 2 hours in one location, depending on the area. After this they will need to move at least 100m away.

This will apply to buskers and street performers, street preachers, and stalls whether connected with a business, charity, or other group.

There are some exemptions – any parade or rally which has the relevant permission to take place will not need a permit. For example, events with Parades Commission Approval or Rallies which have completed the necessary paperwork to use Writers Square or the Cobbles at City Hall.

There will be a code of conduct which permit holders must follow.

Anyone breaching the Bye Laws will be liable for a summary offence and fine of £500.

The Bye Law will give council officers the power to intervene where people are operating without a permit, or in breach of the Code of Conduct.

What are our concerns?

We are concerned that the Bye Law could be used to restrict and regulate protests, campaigning or information sharing particularly those organised by smaller or less established groups. We are also concerned that breaching the Bye Laws could result in the criminalisation of people for essentially not filling in paperwork.

As we have not seen the Code of Conduct, we are unsure how effective this measure will be to address hate speech in particular. Potentially permit holders could simply have to move 100m every hour and not face any other restrictions.

As the decisions on what constitutes a breach is for council officers, we are concerned about how objectively the Bye Law may be applied, and how this could be impacted by future changes to make up of the Council.

The current laws which could be applied are rarely used, even when the criteria are met. We are unsure that creating new criminal offence is the correct approach and are worried it would be used disproportionately against marginalised groups. This is not an unfounded concern given the recent policing response to Black Lives Matter events, and the flagging of Reclaim the Night as ‘controversial’ by Council staff for a number of years.

We also do not know what the ‘nominal fee’ for a permit will be and are aware this could negatively impact on buskers and street performers who add vibrancy to the City Centre.