Image shows protestors at a Black Lives Matter protest holding a pink flag and two signs that read "POWER TO THE PEOPLE" and "Defend the right to protest. BLACK LIVES MATTER"

Nellie Monneret

The UK government has implemented measures to attempt to infringe on citizen’s democratic right to public protest.

The right to protest can be found in international treaties and within the constitutions of most democratic countries. The UN’s Office of the United Nations High Commissioner for Human Rights (OHCHR) determined that public demonstration “serves as a vehicle for exercising many other rights guaranteed under international law […] in particular, concerning the rights to freedom of expression and to participate in public affairs.”

Despite this, the UK government has attempted to infringe on this public right in recent years.

Right To Protest in the UK

In UK law, protest rights are enshrined in the rights to freedom of expression and assembly. The law requires public protest organisers to notify the police in writing six days before the event.

“The role of the police is to ensure public safety during a demonstration.”

According to former Metropolitan Police detective sergeant and climate activist Paul Stephens, the role of the police is to ensure public safety during a demonstration. Police do not engage with the march unless there is a “safety concern.”

New Anti-Protest Legislation

In recent years, the Tory government has looked to clamp down on protests and take advantage of a growing public dislike for public sector workers and climate activists.

Recently, the government passed the Strikes Bill. This introduced a minimum service level during industrial action and is similar to laws seen in France and Spain. Despite complaints from trade unions, the bill may work to improve the public’s support of industrial action.

In 2022, the government passed the much more hazardous Police, Crime, Sentencing and Courts Act, which expanded police power in cases of “serious disruption” and extended the length of police detention for highway disruptions.

Earlier this year, the Public Order Act was also passed, which granted police more power by increasing its ability to limit and criminalise protests.

UK Protestor Responses

These two acts could contribute to restricting protesting rights overall or create a grey zone around police interventions during protests.

Speaking to Empoword, climate activist Paul Stephens said of the newly introduced Acts: “SDPOs (Serious Disruption Prevention Orders) provide police with powers to restrict travel, communication/internet use and associations of non-violent protesters trying to save life. A similar level of legislation is used to monitor serious violent offenders and sexual offenders coming out of prisons. It is disproportionate.

“Action to quell protests have only recently come into force, but the public already sees their effects.”

“To me, the PCSC Act was brought in to allow the police to save money, time and resources.

“The maximum prison sentence being extended from 3 months to 51 weeks allows police to undertake covert surveillance and apply for search warrants on the basis that a protest may involve Highway Obstruction. These preemptive operations are an attempt to stop or deter protests before they take place, which saves police money and resources.”

Action to quell protests has only recently come into force, but the public can already see their effects.

First Glimpse

In November 2022, journalists were arrested and detained by police while covering Just Stop Oil protests in Hertfordshire.

Despite standing in a general area, distanced from protestors and displaying a valid press ID to officers, LBC reporter Charlotte Lynch was held for five hours on suspicion of conspiracy to commit a public nuisance. Ministers, like Education Secretary Gillian Keegan, condemned her arrest and detention.

The Chief Constable of Hertfordshire Constabulary later promised an investigation and apologised for the arrest.

In May of this year, MET police officers invoked the Public Order Act to justify the arrests and forced detention of several members of the anti-monarchy group Republic, before the coronation of King Charles III.

Graham Smith, the group’s chief executive, was targeted by these “preventive arrests” along the procession route before he could wave placards reading ‘Not my King’. The MET later expressed “regrets” for the arrests.

However, the time spent in custody prevented the group from protest action, drawing condemnation from Human Rights Watch.

Alice Chambers, an Australian tourist who was standing next to members of the anti-monarchy group near the procession was also arrested and detained by police for 13 hours. Authorities were later forced to admit that she was not linked to the group.

UK Press Coverage

Some members of the press sought to alienate protesters when reporting on climate activism groups like Just Stop Oil (JSO) and Extinction Rebellion (XR).

Tabloids have previously referred to climate activists as “eco-zealots” from “privileged backgrounds,” even though these activists’ outer circle supporters — including scientists who have studied and warned governments about the climate emergency — have defended their civil disobedience actions as a “last resort” attempt to press for change.

The UK is a signatory of international treaties protecting human rights, including the right to protest. Our government, regardless of political partisanship, should unfailingly uphold this right at all times.

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Featured image courtesy Kyle Bushnell via Unsplash. No changes were made to this image. Image license found here.

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