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Offensive words

If nothing else, Magistrate Edward King's decision this week to acquit a man accused of using offensive words has livened up what the news media thinks of as the silly season.

That's the period just after Cup Match when Parliament ends its session and many newsmakers are more intent on relaxing on holiday and making news.

Given that, Mr. King ? whose place in Bermuda's newspaper and broadcast archives is already well established ? may have received more prominence this week than he would have done otherwise.

Nonetheless, he has raised some interesting issues with his dismissal of the case and his musings on the "f-word" and its use in modern English.

Indeed, there are few words in the English language that are as flexible; it can be used as a noun, an adjective, a verb and an adverb, separately or together. Whether it is used more in Bermuda than in other English-speaking countries is debatable, but Mr. King is right that there can be no doubt about its popularity on the Island.

But that does not necessarily make it less offensive. The Oxford Pocket English Dictionary, which does define it and spells it out in full (to the delight of adolescent schoolboys everywhere) also contains this note on its usage: "Although widely used, (it) is still considered to be one of the most offensive word in the English language."

That is basically correct. The fact that parents, or most parents anyway, refrain from using it around their small children, regardless of the context, is proof of that. And Mr. King is wrong in arguing that it is only offensive if it is used in particular ways.

Mr. King also argued that the word can only be offensive to the Police if it is actually directed towards them, rather than when it is used as a descriptive verb (these guys are f***ing with me) as it was in the case he dismissed.

Mr. King is wrong on this too. Under the Summary Offences Act, the law is broken if a person uses offensive words in public, thereby offending public morality. The f-word may have multiple uses, but it is still offensive to many and to suggest that it is only offensive some of the time, or depending on to whom it is directed, is wrong.

That's not to say that the law isn't open to abuse. Police officers may well use the law to arrest someone who is being a nuisance but who has not committed any other criminal offence, or at least hasn't done so yet.

If they go too far, and arrest people without cause, then they can damage the Police Service itself through malicious behaviour.

As in much of policing, discretion and judgment are necessary.

But it is dangerous when a Magistrate throws open the validity of such a law. It could make life difficult for the Police and members of the public now that this particular can of worms has been opened.

While this may be a storm in a teacup, it is a decision that needs to be reviewed.