Anguilla’s indecency laws are derived from those of England, and as a result have always been more conservative and strict than those of some other countries. While some countries tolerate public profanity and topless bathing, for instance, our laws still frown on these activities and make them punishable offences. This is no doubt a reflection of the deeply embedded morals which are a hallmark of Anguillian society.

Alex Richardson

It is sometimes difficult to define what is “indecent”, because this will vary based on the circumstances, and on current and local standards. The courts have attempted to define indecency as being something that “offends against the modesty of the average man, and against recognized standards of propriety”. However, there is no doubt that standards are constantly changing. What was indecent fifty years ago would hardly cause a raised eye-brow today.

The criminal code deals with certain instances of indecent conduct, the first being indecency in a public place. A person who does an indecent act or behaves in an indecent manner in a public place is guilty of an offence. He is also guilty if he writes or draws any indecent word or figure in a public place, or if he exposes in a public place any indecent picture, photograph, show, performance, etc. There is an exception for a display or exhibition of pictures or photographs if a warning notice is displayed at the entrance.

It is a crime to expose ones “person” in a public place. The Criminal Code also specifically prohibits bathing nude, or being nude or nearly nude, on or near a public beach.

In the case of obscene publications, the code forbids any trading, distribution or exhibition of obscene writings, drawings, paintings, pictures, photographs, films, etc. An item is “obscene” if it tends to corrupt or deprave persons who would see or hear it. However, an object is not obscene if it can be proven that it is in the interests of science, literature, art or learning.

Making indecent statements is forbidden by the criminal code. A person commits a crime if he makes an indecent, abusive, blasphemous, insulting, profane or threatening language, where such statements are to the annoyance of the public or may lead to a breach of the peace.

It is also an offence to make false statements in public, including making statements at public meetings or in other public places about a “person in an official position”. Such persons include the Governor, the Speaker and members of the House of Assembly, the members of the Executive Council, and judges and magistrates.

Alex Richardson is Managing Partner of the law firm Alex Richardson & Associates, P O Box 371, Babrow Building, The Valley, Anguilla, Tel: 264 498 4224, Fax: 264 498 4220, email: arichardson@anguillanet.com. He is also Managing Director of Paragon Corporate Services Ltd.

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