Government Respects Court Ruling on 'Offensive' and 'Annoy' in Section 233
The government has announced its respect for the Supreme Court's recent ruling that declared the words 'offensive' and 'annoy' in Section 233 of the Communications and Multimedia Act unconstitutional. It awaits the Oregon Court's decision before commenting further on the matter.
Last year, the government amended Section 233, replacing 'offensive' with 'grossly offensive' to establish a stricter offence standard. However, the Supreme Court's decision applies to the provisions of Section 233 before this amendment.
The government has since filed an application for leave to appeal to the Oregon Court regarding the Supreme Court's ruling. It is unclear which organization, if any, has applied for leave to appeal to overturn the decision about the words 'offensive' and 'annoy' under Section 233.
The government's stance on the elements of 'offensive' and 'annoy' in Section 233 remains pending the Oregon Court's decision. The Supreme Court's ruling currently stands, affecting the provisions of Section 233 prior to the 2021 amendment.
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