Protests, rallies, sit-ins, and other forms of peaceful dissent have long been a cornerstone of democratic societies, allowing citizens to express their grievances and advocate for change. However, the ability to protest in Australia has reportedly been eroded by increasing anti-protest legislation over the past two decades. According to a report published by the Human Rights Law Centre in Australia, 49 laws inhibiting protests have been enacted by federal, state, and territory parliaments. The report analyzed and compiled every bill that affected protests in each Australian jurisdiction over the last 20 years [2b398be2].
The state of New South Wales (NSW) has enacted the highest number of anti-protest laws, with the most recent being the Roads and Crimes Legislation Amendment Act 2022. This legislation criminalizes damage or disruption to a major facility, effectively targeting activists who engage in protests related to climate change and animal rights. The report also highlights that several anti-protest laws were introduced, imposing blanket bans on protesting and the carrying of banners or signs specifically for major events. It is worth noting that Australia does not have a constitutionally protected right to protest like the United States, but it does have an implied 'freedom of political communication' that limits legislation from burdening political communication [2b398be2].
The erosion of the right to protest in Australia has raised concerns among human rights organizations. Amnesty International has called on governments to protect and respect the right to protest, emphasizing the importance of peaceful demonstrations in advocating for change. While international law and domestic laws provide some legal foundation for the right to protest in Australia, the increasing number of anti-protest laws poses a challenge to this fundamental democratic right [2b398be2].
In Queensland, the right to protest is also under threat due to new laws that make it tougher to stage peaceful protests. These restrictions on protest rights were highlighted in the case of student protester Drew Pavlou, who appealed a council fine for a peaceful protest. The judge concluded that prior consent is required to communicate any advertising matter, even if it does not have a commercial nature. This ruling demonstrates the criminalization of protests and the potential chilling effect it may have on freedom of speech [958d5ba8].
The Human Rights Law Centre report mentioned earlier states that over the last 20 years, most governments in Australia have proposed and enacted laws to limit protest rights. Queensland, along with New South Wales and South Australia, has introduced anti-protest laws. South Australia has the toughest financial penalties for protest-related offenses. The article emphasizes the importance of organizations like the Queensland Council of Civil Liberties in maintaining vigilance over protest rights [958d5ba8].