Report calls for a review of anti-protest legislation

There is overwhelming support for the right to protest, according to a new report which finds that recent anti-protest legislation has failed to understand the public’s nuanced views on the issue of disruption.

The report from cross-party think tank Demos, and supported by Liberty, looks at the public’s views and calls for a series of recommendations to be considered in an independent review of protest legislation, including:

• Removing the restrictions on noisy protests included in the PCSC 2022
• Removing the offence of being equipped to lock included in the POA 2023
• Clarifying language on ‘serious harm’ and ‘serious disruption’ in the PCSC 2022 and POA 2023 and ensuring the definition is not too broad

Recent legislation, including the Police, Crime, Sentencing and Courts Act (PCSC) 2022 and Public Order Act (POA) 2023, has restricted people’s right to protest, having been justified on the grounds of public concerns about disruption. In August, the Home Office confirmed it was seeking to restore one of the previous government’s controversial anti-protest laws that lowered the threshold for ‘serious disruption’.

However, deliberative workshops with members of the public undertaken for this report – the first time such methods have been used to understand public views on protests – revealed a fundamentally more nuanced picture, which the think tank argues calls into question the rationale for recent legislation.

Polling for the report found that more than eight out of ten (83%) believe that everyone has the right to peaceful and non-violent protest, while nearly nine out of ten (86%) believe that everyone has the right to voice their opinion and raise awareness on issues they care about.

While disruption was one of the most common concerns about protest, over the course of the sessions, when given the time, space and information to reach properly considered judgements, participants’ concerns around disruption became less prominent, and over half (57%) of those responding to a follow-up survey became more supportive of the right to protest as fundamentally important in society.

People’s tolerance for disruption also varies significantly depending on the cause. Over half (52%) support disruptive tactics being used for cost-of-living protests and nearly half (47%) for NHS worker strikes, however for teachers’ strikes and transport worker strikes, the level of support drops to 36% and 29% respectively.

The Government is due to publish a report reviewing a number of measures in the PCSC 2022, and has committed to carrying out post-legislative scrutiny of the POA 2023 in May 2025, earlier than usual.

Liberty and Demos have called for a more wide-ranging review to assess legislation in the round, including a comprehensive, independent review of the state of protest legislation and the policing of protest in the UK.

Akiko Hart, Director of Liberty, said:

“From Votes for Women to Pride, protest movements have led to many rights we are able to enjoy today. But the recent draconian legislation has weakened our right to protest, having been fuelled by inflammatory rhetoric by politicians out of step with public opinion.

“Rather than seeking to engage with protesters, we saw the previous Government choose to bring in ever-more extreme legislation which heavily restrict protests through impractical measures that needlessly funnels thousands of protesters into the criminal justice system. These unworkable laws were brought in as a reaction to particular protests but make it harder for all of us, no matter our cause, to stand up to power.

“But we know, as this research has shown, that the public overwhelmingly support the right to protest. From calling out against library closures to boycotting brands, we never know when we will need to make our voices heard on the issues that we care about. The Government must urgently review all protest legislation and remove the recent draconian restrictions on protests so we can all stand up and speak out for what we believe in.”

Polly Curtis, Chief Executive of Demos, said:

“The recent sentences handed out for peaceful and non-violent protests have brought into sharp focus just how drastically laws have changed in recent years. At the centre of this shift has been an overly simplistic reading of public opinion which does not stand up to scrutiny.

“Too often, politicians have relied on knee-jerk public opinion, itself based on limited knowledge of the protest landscape. However, by providing people with balanced information and exposing them to different viewpoints, it’s clear that people’s views are far more nuanced and there is more consensus than recent clampdowns account for. The public recognises protest as a fundamental right, and strongly believes it should be protected.

“The government should conduct a thorough review of all protest legislation and, crucially, involve relevant stakeholders – from ordinary citizens and civil society to the justice sector and police – so that the law is grounded in areas of consensus. We owe it to future and past generations to create an environment where people can protest peacefully and non-violently about the issues they care about.”