Public profanity is an offence in every jurisdiction in Australia.
Legislation. The offence of Offensive Language is contained in section 4A of the Summary Offenses Act 1988 which states: “A person must not use offensive language in or near, or within hearing from, a public place or a school.”
It is an offence to use offensive language in or near (or within hearing from) a public place or a school in New South Wales, under section 4A Summary Offences Act 1988 (NSW). This offence may be dealt with by way of a fine only (penalty notice) which will not result in a criminal conviction if paid.
Anyone caught can be fined up to $660. They might even be required to complete up to 100 hours of community service if they swear near a school. Over in South Australia, the maximum penalty is $1250 or three months' imprisonment.
Fines range up to $1250, depending on the state (South Australia is the harshest!), while in Victoria or Queensland there are penalties up to six months jail time. In short, then – do yourself a f##king favour – don't curse at a cop.
It's not an offence to use obscene language, unless it's used in public. In some situations obscene language used in private or at home may be considered an offence if it's used in relation to other acts of domestic violence.
Behaviour that is unlawful in public
The laws about behaviour in public relate to things like: making graffiti. behaving in a way that causes offence to other people, like racial vilification, swearing and using obscene language or exposing your genitals.
What if my girlfriend or boyfriend is not 16 yet? It is a very serious offence to engage in sexual activity with anyone under 16 years of age, even if you are in a relationship and they agree, as the law says that they cannot consent. It is still illegal if you are both under 16 years of age.
Section 16 of the Human Rights Act 2004 says that: Everyone has the right to hold opinions without interference. Everyone has the right to freedom of expression.
Constitutional law protection
The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensable part of the system of representative and responsible government created by the Constitution.
Verbal abuse alone is NOT a crime. This means that under the Domestic and Personal Violence Act, verbal abuse or verbal assault CAN ONLY be a crime if it falls under the scope of “intimidation”, which can be found in the following situation: Gaslighting. Threat.
Verbal abuse can be a criminal offence if it is classified as “intimidation” under the Crimes (Domestic and Personal Violence) Act 2007 with penalties of up to 5-years imprisonment or a $5,500 fine. It can also be considered “offensive language” resulting in a $660 fine.
It is considered impolite to ask a direct question about a person's salary or wealth. Inquiring about someone's weight or age is also highly inappropriate in many situations. Spitting in public is rude. If there is a line for something, always queue and wait for your turn.
Profanity is widely considered socially offensive and strongly impolite; slurs, however, are both intended to be and by definition are derogatory, as they are meant to harm another individual.
Generally, cursing in public is not an illegal offense. However, there are some instances where you still could be charged with disorderly conduct when cursing. This includes: If your language incites violence.
Rights and protections
The Australian Government is committed to protecting and promoting traditional rights and freedoms, including freedom of speech, opinion, religion, association and movement.
In Australia, legislation prohibits, or renders unlawful, speech or expression in many different contexts. Some limitations on speech have long been recognised by the common law itself, such as obscenity and sedition, defamation, blasphemy, incitement, and passing off.
The Australian Constitution does not expressly protect the freedom of expression and there are also limitations that can inhibit creative freedom in some situations, including defamation, anti-vilification, classification and censorship laws and the treason and urging violence offences.
If you are 16 years old and above, you can legally have sex (or do another sexual activity) with another person who is 16 years or older as long as you both agree to it.
While in many circumstances it is perfectly legal for an adult to have consensual sexual contact or intercourse with a 16-year-old, there are some circumstances where it is not. Most often, it comes down to the nature of the relationship between the two individuals.
In many countries, including Australia, Serbia, India, Brazil, Croatia, Colombia, and the UK a minor is defined as a person under the age of 18.
It is not against the law to sext if you and the person you are sexting with are both 18 years or older and consent to the sexting. It is against the law to ask for, make, or send sexual content of someone under 18 – even of yourself or someone you know.
The ones that will get you in trouble if you say them in school or on television? They are obscenities, which are also known as swear words. You can also say that anything offensive or inappropriate is an obscenity. This can include things that are not only dirty, but things that are offensive in other ways.
Indecent language is that which is grossly offensive to modesty, decency, or propriety, or shocks the moral sense, because of its vulgar, filthy, or disgusting nature, or its tendency to incite lustful thought.