“Behaving or using language in an obscene, indecent or threatening manner carries a maximum of 10 penalty units or imprisonment for two months as a first offence. A second offence, the maximum penalty increases to 15 penalty units or imprisonment for three months for a third offence, 25 penalty units or 6 months imprisonment.”
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While this seems clear enough, there is a condition for offensive language to be considered as actionable offence. This is that it needs to be in a public place with the intention of it being heard. Context is important, as John Rae, the late journalist and former headmaster of London’s Westminster School, noted:
“Swear-words are neutral; they only become objectionable when someone is offended by them. The art of good manners (as well as bad manners) is knowing who will be offended by what.”
At a football match where supporters vent their spleen at umpires and players it may be hard to prove offence during the mayhem of the last quarter in a tight game. The language may be offensive to you if you do not barrack for the same team.
A person who drops a crate on their foot and who lets rip in a street is unlikely to have a successful case brought against them. An office worker who is frustrated by the photocopier may direct a salty phrase or two at no one but a machine. If others heard it, that may constitute offensive language.
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Swearing openly in public places – restaurants, cinemas and public transport – is selfish in the extreme. It shows a lack of consideration of those around them: an arrogance and vanity. Tough luck if someone finds it offensive.
If you have the nerve to ask someone to tone down their language, then be prepared for a mouthful of invective. I’ve tried. The problem is simply this. Swearing has become so familiar that many people may be unaware they are swearing at all.
There is something infinitely sad when primary aged children tell each other to “eff off”. Did this come from movies? Did it come from the home? Are the children copying what they have heard to be cool?
If we thought about why we swear we may realise that we really don’t know why and perhaps it’s just a lazy habit. Does it make you feel better? More empowered? More part of the team? Whatever swearing does for you, it may not do for others.
Christopher Bantick is a Melbourne writer.
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