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Protest laws based on ‘kneejerk public opinion’, says think tank

Demos has called for an independent review of protest legislation dubbed ‘draconian’ by civil rights campaigners Liberty.

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A protester from Just Stop Oil is carried away by three police officers in high-vis jackets.

The Government should review legislation that restricts protest based on “knee-jerk public opinion”, a think tank has said.

Cross-party think tank Demos said it had found “overwhelming support” for the right to protest, saying the public’s views were “more nuanced” than simply being concerned about disruption.

In a report published on Thursday alongside civil rights campaigners Liberty, Demos called for a “wide-ranging” independent review of protest legislation and the policing of protest.

The report followed a series of deliberative workshops held by Demos, which the think tank said gave members of the public more time and information to reach “properly considered judgements” that saw concerns about disruption become “less prominent”.

Polly Curtis, chief executive of Demos, said: “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 report follows a series of laws passed by the previous government that created a new offence of intentionally or recklessly causing public nuisance, with a maximum sentence of 10 years.

The previous government also gave the police new powers to crack down on noisy protests and those causing “serious disruption” amid anger at ongoing protests by environmental groups such as Just Stop Oil and Insulate Britain.

In July, five Just Stop Oil activists were jailed under the new laws for between four and five years for organising a protest intended to cause gridlock on the M25.

Akiko Hart, director of Liberty, said legislation “fuelled by inflammatory rhetoric” had “weakened our right to protest”.

She said: “Rather than seeking to engage with protesters, we saw the previous government choose to bring in ever more extreme legislation which heavily restricts protests through impractical measures that needlessly funnel 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.”

She added: “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.”

The Home Office has been contacted for comment.

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