Police settle case brought by Christian pastor they tried to forbid from “commenting on any other religion”

  • Christian leader receives settlement from police who wrongfully tried to ban him from criticising alternative worldviews, such as atheism and Islam
  • Avon & Somerset Police concede their restrictions on expression were “disproportionate” after successful challenge backed by ADF International and the Free Speech Union

BRISTOL (27 February 2024) – Avon & Somerset Police Force have conceded their restrictions on free speech were “disproportionate” after unlawfully censoring Christian leader, Dia Moodley, a Bristol-based pastor and father of four.

The police force had issued a warning notice to Moodley, who has engaged in occasional street evangelism for the past five years, which forbade him from, inter alia, “passing comments on any other religion or comparing them to Christianity” and “passing comments on beliefs held by Atheists or those who believe in evolution”.

A claim for damages was backed by ADF UK and Free Speech Union, who instructed solicitors from Ai Law.

“It isn’t for the police to decide which religions or worldviews can be free from criticism. When I preach, I am committed to speaking about the good news of Christianity in love, grace, and truth – but that doesn’t mean that I will never say something that others may disagree with. The nature of a free and democratic society is that we can speak publicly about our beliefs.

Thankfully, with support from ADF UK and the Free Speech Union, I have received some measure of justice after having been wrongfully silenced by authorities. But this creeping culture of censorship is detrimental to all of us in society, whatever we believe, and we must challenge it wherever we see it,” commented Dia Moodley, who successfully challenged police after they forbade him from speaking freely about his Christian beliefs – and comparing them to other religious views – in public.

A breach of free speech

Moodley had initially reached out to the Avon & Sommerset Police Force after being the victim of several incidents of racial abuse, at the advice of Bristol-based charity Stand Against Racism and Inequality. Officers began to regularly attend Moodley’s public preaching in order to protect both the pastor and his congregation.

In October 2021, Moodley arranged a meeting with the neighbourhood police force in order to maintain good working relations. However, at this meeting, the pastor was served with the warning notice, which he refused to sign.

In addition to forbidding criticism of religions other than Christianity, the warning notice further encroached on Moodley’s right to freedom of expression by banning him from “delivering a sermon or religious address at a time or place that has not had prior consent and approval of Avon & Somerset Constabulary.”

Backed by ADF International and the Free Speech Union, Moodley successfully challenged the Chief Constable of Avon and Somerset Police for discrimination on religious grounds and for breaching his ECHR rights to freedom of thought, conscience and religion; freedom of expression; and freedom of assembly and association.

Commenting on the case, Bryn Harris, Chief Legal Officer for the Free Speech Union, said: “The state does not hold a monopoly on truth and the ability to discuss and debate ideas, including religious ideas, is the lifeblood of any genuinely free society. Yet, repeatedly, we see this principle violated by unaccountable police officers and local councils who aggressively pursue their own ideological causes rather than using scarce public resources to tackle real crime.”

Upon receiving news of the settlement, Jeremiah Igunnubole, Legal Counsel for ADF UK, said, “Dia Moodley’s case exposes a clear double standard in British policing when the issue concerns the expression of core beliefs; particularly Christian beliefs. Bristol authorities unabashedly requested prior review of Dia’s sermons and banned him from speaking about any other religion – including atheism. This blatantly restricted his freedom of religion and speech in an attempt to redefine established British values in accordance with their own ideals.

Whilst we welcome the police force’s admission that their actions were disproportionate, it is crucial that the laws permitting such flagrant violations of freedom of speech are urgently addressed to prevent the need for Dia and others like him from being embroiled in years of legal proceedings only to defend what should have instantly been recognised as their lawful, peaceful and constitutional rights to speak freely in public.”

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German government announces draft law introducing censorship zones around abortion-related facilities, fines up to 5,000€

Pavica und Felix
  • Proposed bill would criminalize charity volunteers praying and offering help, including vague ban on words, signs, and messages that could be potentially “confusing”
  • Legal expert Dr. Felix Böllmann: “Any form of harassment is obviously already forbidden. Peaceful prayer and offers of help, however, are strongly protected under the law”.

BERLIN (29 January 2024) – A new draft bill, announced last week by Germany’s Federal Family Minister Lisa Paus (Green Party), would introduce fines of up to 5,000€ ($5,500) for peaceful expression on public streets near abortion-related facilities. The bill would seek to create nationwide censorship zones around the facilities, criminalising messages that could be subjectively understood as “disturbing” or “confusing,” with no legal clarity as to how those terms are to be interpreted. Harassment is already fully illegal, independent of the proposed new law, which would target peaceful expression. The Federal Cabinet approved the bill last week. It will now move through the Bundesrat (Federal Council), which can introduce amendments, followed by the legislative process, including three readings in the Bundestag (Parliament).  

The UK Parliament adopted “buffer zone” legislation in 2023, expected to come into force throughout all of England and Wales soon. Existing zones under local laws already have resulted in numerous human rights violations including police interrogations, arrests, fines and criminal proceedings for silent prayer on the public street near abortion facilities, essentially resulting in “thought-crime” prosecutions. Currently, army veteran Adam Smith-Connor is awaiting trial for silent prayer in Bournemouth, England. 

Germany’s proposed new law would be in direct contravention to a 2023 decision from the country’s top administrative court upholding the freedom of assembly across the street from an abortion facility. The ruling affirmed the rights of Pavica Vojnović and her 40 Days for Life prayer group, which conducted silent prayer vigils on the public street in Pforzheim, Germany. Such an exercise of basic human rights would likely run afoul of the proposed new legislation.   

“Peaceful gatherings, prayer and offers of help should never be banned. The plans of the German government are alarming—not only do they put blanket restrictions on fundamental freedoms, but also they weaken civil society’s engagement for the protection of the right to life. Any form of harassment is obviously forbidden. But censorship zones are not pro-choice, they are no-choice and have no place in a free and democratic society,” said Dr. Felix Böllmann, German lawyer and Director of European Advocacy at ADF International.  

Bill contradicts court rulings 

In recent years, ADF International has supported the legal defense of pro-life volunteers in Germany who exercised their right to pray peacefully, including in silence, in front of abortion-related facilities. Germany’s top administration court confirmed that blanket bans on prayer gatherings are impermissible. According to the court, there is no “right to be buffered from dissenting opinions”. The new bill goes far beyond criminalising already illegal harassment to propose blanket bans on peaceful and fully legal activities such as prayer or offers of help.  

The draft bill thus contradicts standing court ruling upholding freedom of assembly and free expression on the public street in the vicinity of an abortion-related facility absent manifest infringements of third party rights.  

Restricting free expression supports abortion lobby 

“Standing law in Germany obliges the state and civil society to protect unborn life. Committed pro-life individuals must not be criminalized for the peaceful expression of their convictions. Every human being has dignity and a right to life, from the moment of conception. The state and citizens should work together to protect life. Instead, people with civil courage to uphold the fundamental right to life are now being deterred, and even potentially criminalised, for their commitment,” said Ludwig Brühl, German Communications Officer for ADF International. 

“We stand with the right of every person, including peaceful pro-life advocates, to freely express their convictions. The freedoms of assembly, opinion, and religion benefit all people. That is why we are defending these core human rights from the encroaching plans of lobby organizations and ideologues,” concluded Dr Felix Böllmann. 

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