Obscene, Indecent, Threatening Language and Behaviour in Public

In Victoria, behaving or using language in an obscene, indecent or threatening manner carries a maximum penalty of 10 penalty units or imprisonment for 2 months as a first offence.

If this is your second offence, the maximum penalty increases to 15 penalty units or imprisonment for 3 months.

If this is your third or subsequent offence, the maximum penalty increases further to 25 penalty units or imprisonment for 6 months.

Penalties the Court can impose for this charge:

• Imprisonment (Jail – Full Time)
• Community Corrections Orders
• Fine
• Adjourned undertaking
• Discharge
• Dismissal

The Offence of Obscene, Indecent, Threatening Language and Behaviour Etc in Public

The offence of obscene, indecent, threatening language and behaviour etc in public is contained in section 17 of the Summary Offences Act 1966 which states:

• “Any person who in or near a public place or within the view or hearing of any person being or passing therein or thereon
  • sings an obscene song or ballad;
  • writes or draws exhibits or displays an indecent or obscene word figure or representation;
  • uses profane indecent or obscene language or threatening abusive or insulting words; or
  • behaves in a riotous indecent offensive or insulting manner
• shall be guilty of an offence.”

This section also contains sub-sections that are very rarely used. These sub-sections concern people who act in an obscene, indecent or threatening manner at a public meeting or a general meeting.

What Actions Might Constitute Obscene, Indecent, Threatening Language and Behaviour Etc In Public?

• Swearing at a shop keeper in their shop;
• Singing a racist chant in a public park; or,
• Displaying a disgustingly graphic picture out the front window of your house

What the Police Must Prove

• You sang an obscene song or ballad; and
• You were in or near a public place or within the view or hearing of any person passing.

Or:

• You wrote, drew, exhibited or displayed an indecent or obscene word, figure or representation; and
• You were in or near a public place or within the view or hearing of any person passing.

Or:

• You used profane, indecent, or obscene language or threatening, abusive or insulting words; and
• You were in or near a public place or within the view or hearing of any person passing.

Or:

• You behaved in a riotous, indecent or offensive, or insulting manner; and
• You were in or near a public place or within the view or hearing of any person passing.

Possible Defences for Obscene, Indecent, Threatening Language and Behaviour Etc In Public

• Police cannot prove the offence. I.e. your actions or words were not obscene, indecent or threatening.
• Non-self induced intoxication.

Impact of The Rights Charter

The Courts have been reluctant to provide specific examples of what may or may not constitute obscene, indecent or threatening language of behaviour. Victoria has the Charter of Human Rights and Responsibilities Act which allows people to have the right to freedom of expression. This right may allow the courts to be more flexible in its approach in deciding whether someone has contravened the Summary Offences Act.

Which Court Will Hear Your Matter?

This offence is a summary offence and will be heard in the Magistrates’ Court.