Page 64 - SyI Quarterly - Q3 and Q4 Edition 2023

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A timely reminder on Protest

Rights and Laws in the UK

Kenny MacLeod MSyI

Protests have become almost a daily aspect of life in the UK in recent times, but it’s obviously not a new
phenomenon. Protests go back as long as humankind has been on Earth and have been responsible for
initiating changes globally. Historical protests were equally as contentious as current protests are now.
Some of the historical changes protest brought about are now accepted to be for the right reasons.
Even the use of activism causing disruption or criminal damage is not a new tactic. However, the rights
of protest are not universally permitted throughout the world, and recent changes to UK law are also
viewed with suspicion by activists and Human Rights organisations as potentially diluting their rights to
undertake certain tactics.

So, this may be the time to take a breath, park the rhetoric and revisit what the current position is in
the UK and how protest can effect business, daily life and how we deal with it. The right to protest in the
UK is set by the European Convention of Human Rights. The Human Rights Act, 1998 incorporates and
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makes the rights contained in the European Convention on Human Rights (ECHR) applicable to the UK. 2

The starting point is that there is no specific ‘Right of Protest’. The Freedom of Expression and the
Freedom of Assembly are the rights generally accepted as the right of protest. Whilst there has been a
discussion within the Westminster Government about replacing ECHR with a UK Bill of rights, that has
not happened to date. The right to peacefully protest, however, does not include unlawful behaviour
such as violent acts or criminal damage.

The COVID 19 pandemic allowed Government to introduce regulations and concerns are that this way
of introducing regulation, could also be used to restrict the right to protest, potentially making it
unlawful for groups to assemble.

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