Why not just change the free/donation bit on most leaflets/newsheets we hand out to read just 'donation' then give them out free anyway. Bring out a jar full of change and pop it on the floor infront of you.

Aside from this hastily though of, and probably flawed suggestion, there must be ways to blag around this - aside from the fact its pretty unenforceable.

In Newcastle, there's a bit of council legislation that means you have to have a license to hand out free literature. The permit costs £45 a day.

It was brought in to combat the amount of leaflets and other litter that's dropped by people on the street. Basically it was targeted at those people handing out leaflets about nightclubs or special events - the ones most people don't even bother looking at properly and then drop on the floor.

We got around that when doing stalls and protests because people know what information they're taking - they take a leaflet to get more information about a protest that's going on or they specifically go to a stall to see what info is on it and take what they want to, therefore they aren't likely to look at it 20yards down the street, realise they're not interested in that at all and throw it away.

I don't know what the leg' is that's mentioned here...if it's similar you might be able to argue around it, but that fine's pretty hefty...I reckon it's probably a more substantial act.

Good luck to activists in Brighton. There's bound to be some loophole you can exploit!

take a look on the opsi (government) website where statues are shown - can't find the link right now but political material is exempt - after all, we wouldn't want britain to look like some fascist state would we.

In Manchester the council define political to include non-party political, and so it's OK under this law and interpretation. It might be worth you looking that up and using it to argue the case in Brighton etc (when the cops turn up and use it as an excuse/misinterpret, as they surely will)

 http://www.opsi.gov.uk/acts/acts2005/ukpga_20050016_en_4#pt3-pb3-l1g23


- see section 4 - political leaflets are exempt

- perhaps nightclub owners who really, really like dance music and also believe in making lots of money could also use 4b in their defence...




“SCHEDULE 3A Free distribution of printed matter on designated land
Offence of unauthorised distribution

1 (1) A person commits an offence if he distributes any free printed matter without the consent of a principal litter authority on any land which is designated by the authority under this Schedule, where the person knows that the land is so designated.

(2) A person commits an offence if he causes another person to distribute any free printed matter without the consent of a principal litter authority on any land designated by the authority under this Schedule.

(3) A person is not guilty of an offence under sub-paragraph (2) if he took reasonable steps to ensure that the distribution did not occur on any land designated under this Schedule.

(4) Nothing in this paragraph applies to the distribution of printed matter—

(a) by or on behalf of a charity within the meaning of the Charities Act 1993, where the printed matter relates to or is intended for the benefit of the charity;

(b) where the distribution is for political purposes or for the purposes of a religion or belief.

(5) A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(6) For the purposes of this Schedule—

(a) to “distribute” printed matter means to give it out to, or offer or make it available to, members of the public and includes placing it on or affixing it to vehicles, but does not include putting it inside a building or letter-box;

(b) printed matter is “free” if it is distributed without charge to the persons to whom it is distributed.

(7) For the purposes of this Schedule a person does not distribute printed matter if the distribution takes place inside a public service vehicle (within the meaning of the Public Passenger Vehicles Act 1981).

Brighton council's website makes it clear that all political, religious, and charity leafletting is exempt. All you have to do is abide by the terms that people who will have to buy flyering licences adhere to, which in the main appears to consist of ensuring that the area you're standing in doesn't get too littered by leaflets of yours that people have dropped.

So at ease gentlemen, move along, nothing to see.

a) It seems that flyers of a political nature are exempted in this dubious legislation

b) If (a) were not the case, the legislation would breach Article 10 of the European Convention on Human Rights, directly incorporated into the law of England and Wales through the Human Rights Act 1998. This requires all public authorities (including the council and police) to respect the right to freedom of expression, which includes the freedom to hold opinions, and *to receive and impart information and ideas*.

The legendary 'McLibel' case that went all the way to the European Court of Human Rights (Steel and Morris vs UK) reinforced these rights in the common law. Any attempt by a public authority to infringe such basic rights should be vigorously contested at all levels.

If you are leafletting it would be well worth your time to each printout carry a copy of the relevant bit of the legislation.
Because no doubt the plod will be using this as yet another excuse to surpress political activity.
And they usually don't have a clue about the law.
Just get told what to do & what law to use by their superiors

...for infringement of your Article 10 right to freedom of expression. Make a note of their shoulder numbers, what they say and any other relevant information. And if they're stupid enough to try anything, get legal aid and sue them.

Just to warn you that Plod has a VERY limited understanding, let alone knowledge, of the Human Rights Act.

Some friends and I were stop searched and arrested under the Terrorism Act at Gatwick, when just one leaflet was handed out. It was about Police corruption but when I tried to outline the provisions of Article 10 HRA to Plod it did not succeed in penetrating the thick skull.

- What alleged offence(s) was the arrest for?
- Were any charges brought?

If the arrest was arbitrary, you should consider suing and/or judicial review, or at least make a complaint to the Independent Police Complaints Commission  http://www.ipcc.gov.uk

Let the police get away with unlawful repressive behaviour and infringement of your basic human rights and you only have yourselves to blame when things get worse. Apparent ignorance of the Human Rights Act on the part of the police is no excuse: the commissioner is responsible for ensuring that officers receive adequate training in such matters. We should be aiming to adopt a 'zero tolerance' approach to police repression. What's good for the goose is good for the gander. Know your rights and be prepared to defend them in court, if necessary (with assistance, of course). Groups like Liberty can help and advise you. The following links may be helpful:

 http://www.yourrights.org.uk
 http://www.freebeagles.org

If anybody wants to join us in a protest on Thursday 10th April, the day before the ban - essentially by bringing along as much "free printed material" as possible to Brighton centre and handing it out - then please get in touch with us at  ttfb@guiltmirrors.com