Rotterdam’s ban on street harassment conflicts with freedom of speech rules, appeal court judges in The Hague said on Thursday.

In addition, the court said, it is up to national government to determine if freedom of speech can be limited and that this cannot be done via local authority bylaws.

It has been an offence in Rotterdam to sexually harass women by hissing, intimidating them or following them in public places since the beginning of last year.

The case is seen as a test case by the public prosecution department and concerns a man convicted on the basis of evidence from street wardens rather than complaints from the women themselves.

The court was told that the man had gone up to women and attempted to strike up a conversation by saying ‘hey pretty ladies, where are you going.’

The comments were accompanied by kissing gestures and other hand movements, and in one of the two cases, the man sat next to his victim which was intimidating, the lower court had ruled.

The appeal court said that while there is sufficient evidence the man had done what was claimed, such forms of street intimidation should never have been ruled illegal by the council.

In addition, the Rotterdam bylaws do not make it clear where the line should be drawn between acceptable and unacceptable behaviour, the judges said.

Amsterdam

Amsterdam has also introduced new bylaws banning street intimidation but no-one has yet faced charges.

Research by Rotterdam council last year found that 94% of women aged 18 to 45 had experienced some form of intimidation, but 87% had never done anything about it.

Rotterdam alderman Bert Wijbenga called on national government to make street harassment a crime nationwide so that Rotterdam could resume issuing fines.

Several efforts are currently underway but it is unclear if there is majority support in favour.