 |
Four
Seasons Law & Events, Protests, & Festivals. |  |
| Freedom of speech and the right to protest
peacefully are protected by both the common law and the Human Rights Act 1998.
Furthermore, the ECHR (European Convention on Human Rights) as implied in
Article 10 (the Right to Freedom of Expression) protects a right that’s
fundamental to our democracy – freedom of expression – which means
that we’re free to hold opinions and ideas and to share them with others
without the state interfering. Article 11 (the Right to Peaceful Assembly) of
the Human Rights Act 1998, meanwhile, allows for peaceful protest to take place
without disturbance from authorities – unless of course any act of
hostility or violence were to take place. Knowing the restrictions and the law
placed upon peaceful protest can ensure that the message of your protest is
heard and is made clear. |
What are the rules around organising a protest?
When you are planning a
protest, you do not necessarily need to inform the authorities. Doing so, however, could prevent unnecessary trouble
or difficulties arising on the day. The police can impose conditions such as
the maximum number of people and the duration of the protest. But the police
can only do this if they believe these conditions are required to prevent
public disorder or damage to property. Police are more likely to be
co-operative if they have good warning in advance of what to expect, and if
they have a clear point of contact amongst the organisers of the protest. It is
also more likely to reassure them that those organising the protest have made
adequate considerations to make sure everything goes smoothly. It may also turn
out that you need a permit to protest in the area in which you wish to protest.
For example, notification to the police will also always be required if the
demonstration takes place around Parliament. Failing to gain this permit
beforehand could lead to your protest being shut down, so it is worth
contacting the police to find out whether you will need one. Note, however,
that any communication you make with the police could be used against you in
court if the police decide to charge you for organising an illegal
demonstration. |
Can the police stop my protest?
The police do have powers under the law to
impose restrictions on planned protests. However, these restrictions are unique
to each case, and your rights give you the option to appeal against any
restrictions that the police attempt to make on your protest. If you believe
unfair restrictions have been placed on your protest, or the protest has been
banned from occurring altogether, you may be able to make a case on one of
three grounds: |
| The decision-making process behind the restrictions was
unsatisfactory. For example, if false or assumed information was factored into
the decision; |
| The restrictions would contravene the right to protest
given to all under the ECHR. For example, if police decided that the message
behind the protest was too unsavoury to be allowed, violating Article
10; |
| The decision is otherwise completely unreasonable or irrational. For
example, a schoolboy organising a protest against the closure of his local
library, and having it banned by police for fear of a violent outbreak of
public disorder. |
| Police can only place restrictions on a protest or
demonstration if they have reason to believe that it will result in property
damage, disruption of the community, or serious public disorder. Judicial
challenges against these restrictions can only be made at the High Court. The
restrictions may be imposed too late for a judicial challenge to be possible,
and if you choose to go ahead with the protest in spite of these restrictions,
you or your fellow protesters could find yourself placed under arrest. However,
if charges are brought against any protesters and it is found that the
restrictions supporting those charges were unreasonable, charges would be
dropped and the arrested protesters could be awarded compensation. Going ahead
with your protest on this hope is very risky, and it is worth considering the
rescheduling of your protest, or at least seeking legal advice. |
| Other to
points to consider include: |
| Peaceful protest can only take place on
public highways; |
Security guards have no right to move protesters unless
the property is on their grounds;
|
| Assembling on private grounds without
the owner’s permission will be seen as trespassing. |
|
