The case of an 80-year-old Christian man has been overturned by a High Court judge after he sent graphic images of abortion to the police and other officials.
David Skinner sent the images to senior police officers and councillors in Dorset, England, in April 2023, in response to the introduction of an abortion clinic buffer zone in the town in 2022.
The email entailed explicit images of aborted babies and of the Holocaust, along with passionate objections to the enforcement of a buffer zone around the site, which had been imposed in October 2022.
The lawmen reported experiencing ‘distress’ after opening the attachment and Mr Skinner was consequently charged by the Crown Prosecution Service. He was convicted and fined £3,840 under communications legislation after the organisation alleged that he had sent electronic communications that were grossly offensive and intended to cause distress.
Mr Skinner acknowledged that the images were offensive, but has maintained that it was a political and religious statement aimed at public officials and not intended to harass or threaten anyone. He appealed his conviction, and a judgment was handed down in Bournemouth.
Justice Saini ruled that upholding the offence would infringe his rights to freedom of expression and religion.
“This is a case about freedom of expression and freedom of religion,” he said.
“We do not take away from the offence that the complainants would have experienced on receiving the letter. Nevertheless, we find that it would not be a proportionate interference to allow the conviction,” he added.
The conviction was dismissed, and a defence costs order covering legal fees and travel expenses was granted.
“This prosecution should never have been brought. It has taken a heavy toll on me, but I hope this ruling will protect others who wish to speak out peacefully on matters of conscience without fear of being criminalised,” Mr Skinner said in a statement.
Andrea Williams, chief executive of the Christian Legal Centre, the organization which supported the case, stated that the judge’s ruling was “vital and principled”.
“This is a vital and principled ruling. The High Court has confirmed that even where speech is confronting or deeply uncomfortable, the criminal law cannot be used as a shortcut to silence lawful expression on matters of public interest,” she said.
“David Skinner was targeted for expressing sincerely held Christian beliefs to public authorities about abortion and buffer zones. Today’s judgment reasserts that in a free and democratic society, the answer to speech we dislike is more debate, not criminal prosecution.
“This case should act as a warning to police and prosecutors against misusing communications laws to chill political or religious speech. David’s ordeal lasted far too long, and we hope this judgment will prevent similar injustices in future.”
