A High Court judge has overturned the conviction of a pro-life campaigner who sent graphic images of abortion to the police and local officials.
David Skinner, 80, was convicted under communications legislation for sending an email containing what the Crown Prosecution Service deemed to be grossly offensive images that were intended to cause distress.
The images were emailed by Mr Skinner, a committed Christian, to senior police officers and local councillors in Dorset in April 2023. They were emailed in response to the introduction of an abortion clinic buffer zone in the town the previous year.
The email contained graphic images of aborted foetuses and other images of the Holocaust, as well as strongly worded objections to the buffer zone and the policing of it.
Mr Skinner was charged under communications legislation and convicted and fined £3,840. He appealed his conviction and in a judgment handed down on Friday in Bournemouth, Mr Justice Saini ruled that upholding the offence would disproportionately interfere with his rights to freedom of expression and religion.
“This is a case about freedom of expression and freedom of religion,” the judge said.
He added, “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.”
Skinner’s conviction was quashed and a defence costs order granted.
In a statement, Skinner said he was “deeply grateful” for the ruling, adding that his intention was not to cause distress but to raise “matters of profound moral and public importance".
"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," he said.
The case was backed by the Christian Legal Centre, which said the decision set an important precedent for protecting religious and political speech.
Andrea Williams, chief executive of the Christian Legal Centre, said the judge's ruling was "vital and principled".
"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.”
