Proposed anti-protest laws would trample the democratic rights of all Tasmanians
A coalition of human rights, Aboriginal, social justice and environment organisations have today called on the Tasmanian Parliament to vote against a dangerously broad anti-protest Bill that would undermine Tasmania’s democracy and restrict people’s right to come together and speak out on issues they care about.
The proposed law, due to be voted on in the Legislative Council on Wednesday, creates several broad and poorly defined offences which would criminalise various peaceful advocacy actions on a range of issues.
The Bill would make it a crime to obstruct the use or enjoyment of a ‘public thoroughfare’ with the intent to ‘impede’ a business activity, or to threaten certain protest action that would impede a business activity. If passed, the new law could see people charged for:
standing on a footpath and handing out pamphlets about gambling harm;
asking people in a public park to sign a petition criticising the treatment of elderly people in a private aged care facility;
making Facebook posts or sending tweets which encourage protest action against companies exposed as exploiting workers or sexually harassing women.
A previous version of the same law was struck down by the High Court for being an unlawful restriction on Australians’ freedom of political communication.
Much of the conduct the Gutwein Government says it is targeting through the new Bill is already covered by existing laws. The extraordinary overreach of the new Bill would have a chilling effect on advocacy and protest across all issues and mean the Bill, if passed, will almost certainly end up back in the High Court.
Nala Mansell, Campaign Coordinator, Tasmanian Aboriginal Centre:
“Free speech is free when we agree to hear views of those we oppose, not just those we agree with.”
Daniel Webb, Legal Director, Human Rights Law Centre:
“Whether it’s women’s rights, racial justice, the environment or gambling harm, our ability to come together and speak out on the things we care about is fundamental to our democracy.”
“These proposed laws are dangerously broad and unclear and would almost certainly end up back in the High Court. A law that could see people criminalised for handing out pamphlets on a footpath has no place in a free and democratic society.”
Richard Griggs, Tasmanian Director, Civil Liberties Australia:
“These proposed laws deserve to be defeated in the Legislative Council this week because they would criminalise Tasmanians who peacefully gather on public lands to criticise the actions of a business and to share information with consumers.”
Jane Hutchison, Chair, Community Legal Centres Tasmania:
"We are very concerned that this Bill will have a chilling effect on the community's right to protest. We strongly believe that the trespass laws already in place are appropriate to deal with unlawful entry onto workplaces.”
Jenny Weber, Campaign Manager, Bob Brown Foundation:
“We call on the Legislative Council to protect one of the most fundamental freedoms in our democracy: the right to peaceful protest. The right to protest is fundamental to a robust and healthy democracy and should be enshrined by our political leaders rather than curtailed. Special places and tourism icons that contribute to the economy, thousands of jobs and the wellbeing of Tasmanians are only there because citizens took part in peaceful protest when they were threatened.”
Media contact:
Michelle Bennett, Engagement Director, 0419 100 519