New South Wales’ chilling landscape for environmental protest

Ever since environmental activist Deanna “Violet” Coco was handed down a 15-month sentence earlier in December, protesters in New South Wales (NSW), Australia, have rallied in solidarity and to voice their dismay. On Tuesday this week, Coco walked free from prison. The temporary reprieve came as her bail appeal was approved, while she awaits an appeal on her sentence.

In April, Coco and a handful of other protesters from Fireproof/|Floodproof Australia blocked one lane of traffic on Sydney Harbour Bridge, holding aloft a flare to signal the climate emergency. Her sentence is the first of its kind under new laws in New South Wales.

For Suelette Dreyfus, executive director at Australia-based organisation Blueprint for Free Speech, Coco’s recent release must not divert attention from the serious penalties being given to environmental protesters, and the impact on freedom of expression.

“New South Wales has been targeting environmental protesters in the past year especially,” Dreyfus said. “That includes a Conservative state government and a streak in the media that is quite anti-environmentalist.”

She describes the penalties environmental activists typically faced in the past compared to today. What could once have been a fine for a few hundred Australian dollars, has become the threat of a lengthy prison sentence. This comes after NSW introduced the Roads and Crimes Legislation Amendment Act 2022 in April, meaning protesters could be fined up to AU$22,000 or be imprisoned for up to two years for trespassing on a major road and causing damage or disruption, or for damaging or disrupting a major facility.

Alongside this, a new police unit was created to disrupt environmental protest, called Strike Force Guard.

Dreyfus called this “an extreme power that’s been given to both police and the judiciary, to silence environmental protesters”.

When Coco’s sentence was handed down, NSW premier Dominic Perrottet described it as “pleasing to see”.

“It seems to be a strange thing to want to put a peaceful young woman exercising her right to freedom of expression in prison for two years, and feel self-satisfied about it,” Dreyfus told Index.

Coco is not alone in facing the sharp end of NSW’s new laws. In April, fellow Fireproof Australia activist Andrew George interrupted a National Rugby League match by running onto the pitch with a flare, and was handed down a three-month jail sentence, which he later appealed and won. In September, Blockade Australia activist Mali Cooper was cleared of charges against them, after they blocked the Sydney Harbour Tunnel in an attempt to force systemic change after witnessing the Lismore floods. They had faced the threat of two years in prison and $22,000 in fines.

Dreyfus referred to this landscape for environmental protest as a New South Wales phenomenon, but she said there is evidence that it’s leaching to other states. Victoria and Tasmania introduced similar laws this year.

“I think that the New South Wales government is actually weaponising the law against environmental protest in that state by going for the most serious charges they think they can, rather than charges that are commensurate with the very often very minor disruption that the protesters may cause,” Dreyfus said.

“We’re not talking about people who have burned down the Sydney Opera House here. We’re talking about people who have marched peacefully, and may have marched some bit of time in the road,” she said. “It’s really a minor offence, and it’s being treated like a major offence. So, it’s definitely chilling freedom of expression. It’s not a spring chill. It’s a full-on disturbing kind of winter hail.”

She said people are not attending ordinary protests in the same way as before, referring to demonstrations of around 100 people marching along a road, where some might step off the pavement and disrupt traffic. Coco’s sentencing, she said, has dampened participation.

However, she does not believe people will be silenced in this harsh landscape: “Most protesters of that nature are resourceful. So they will find another way to express what they think is important.”

The unintended consequence of the way NSW is dealing with this issue, she said, is that they are ultimately giving a bigger microphone to the protesters. Where before, disruptive protests were encouraging people to talk about environmental issues, now people are talking about environmental issues, freedom of expression and law reform. She calls that a killer combination for positive change.

“It will be up to the civil society community to make the most of that,” she said. “That’s something that they have to decide how they’re going to embrace.”

Failed empty gesture 0 – 1 Strong silent stand

The football commentator’s well-worn cliché about the sport being a game of two halves usually refers to the action on the pitch. But in the build-up to the game between England and Iran at the 2022 FIFA World Cup earlier this week, it was the off-field actions of the teams which showed a divided response to events in the wider world.

Shortly before kick-off, it was decided by the English FA (among other European football governing bodies) that England’s Harry Kane would forgo wearing the OneLove captain’s armband, which displays a heart containing colours representative of all backgrounds and is part of a message promoting inclusion. The reason given by the FA was that “we can’t put our players in a position where they could face sporting sanctions including bookings.”

Then, just before the match, as the Iranian national anthem rang around the Khalifa International Stadium in Doha, the Iranian players remained silent. Referencing the now-months long protests in Iran, which are pushing for regime change after the death of 22-year-old Mahsa Amini in Tehran on 13 September 2022, Iranian captain Ehsan Hajsafi said that: “We have to accept the conditions in our country are not right. Our people are not happy. We are here but it does not mean we should not be their voice or must not respect them.”

The actions, or rather inactions, of the English FA and the Iranian footballers have had contrasting results. By aiming first but then relenting on the promise to have Kane wear the armband shows just what a failed empty gesture it was. A financial fine would have been accepted, but the fear of a single yellow card forced the FA’s hand (and that of other countries, such as Wales, Germany and the Netherlands). Were the teams and players ever really behind it if they could u-turn so quickly?

On the other hand, the silence of the Iranian footballers has shown the courage that a united action brings, not least given how much higher the risks – the repercussions the footballers may face on the return to their homeland, where they will have family and friends, are far more severe than a card brandished on the pitch.

That said we should be careful about where we lay blame in terms of not wearing the armband. It is understood that Kane still wanted to wear it, and even if he didn’t, is it fair to expect the England players to be politically active in the course of what essentially is their day job (as Julian Baggini argues in our last issue)?

The bigger fault lies squarely at the hands of FIFA for awarding the tournament to Qatar, as well as the governments and authorities around the world who have said very little about the country’s abuses since 2010. When news organisations have reported on abuses, especially on the Kafala system, which ensured an extremely cheap labour force was on hand to build the infrastructure for the World Cup, journalists were detained and threatened – again to very little public outcry. While minor changes have been made to improve the labour system, reports that at least 6,500 migrant workers still died since 2010 has again received far too little outrage.

Even during the immediate build up to, and including the tournament so far, FIFA appears happy to kowtow to Qatar’s last-minute demands. While the consumption of alcohol isn’t a free speech issue, FIFA’s agreement to Qatar’s last-minute ban on the sale of alcohol in stadiums is yet another sign that it is Qatar who are setting the rules. Also, despite assurances from FIFA, rainbow-coloured flags and attire were prohibited in spectator areas, as seen by the Welsh fans who had rainbow-coloured bucket fans confiscated before their opener against the USA. In a nation where homosexuality is still illegal these are hardly surprising actions but they show how arguments like “the World Cup will improve the rights situations in Qatar” was never a commitment taken seriously. The activist Peter Tatchell, an Index contributor who was himself detained following a protest to highlight LGBT rights in Qatar in October, puts it well: “#FIFA and #Qatar promised that LGBT+ fans & rainbow insignia would be allowed at #WorldCup. They have trashed that promise – and their reputations. But what did you expect from a sexist, homophobic & racist dictatorship?”

We at Index on Censorship love the fact that football is the world’s game, able to unite people across gender, race, religion and nationality. From Norway to Nigeria, it’s the universal language where a conversation about Manchester United or Lionel Messi can take place without knowledge of the native tongue. We have no issue with football and our Autumn issue showed its amazing power to transform lives. It’s for this reason that we remain angered that it is taking place in Qatar, who seem to be normalising their autocracy on a world stage. And it’s for this reason that we are angered that the simple threat of a yellow card has determined a retreat from taking a stand on such an important issue, even if that stand was small and largely symbolic. Iran might have lost against England on Monday but they proved to be the real winners when it came to courage and conviction.

Index Index

What is the Index Index? The Index Index is a pilot project that uses innovative machine learning techniques to map the free expression landscape across the globe to gain a clearer country-by-country view of the state of free expression across academic, digital and...

Contents – The beautiful game? Qatar, football and freedom

The autumn issue of Index takes as its central theme the FIFA World Cup that will take place in Qatar in November and December 2022.

A country where human rights are constantly under threat, Qatar is under the spotlight and many are calling for a boycott of the tournament.

Index spoke to journalists, human rights activists and philosophers for the latest issue to understand their view on the tangled relationship between football and human rights. Is football really the beautiful game?

Upfront

The Qatar conundrum, by Jemimah Steinfeld: The World Cup is throwing up questions.

The Index, by Mark Frary: The latest in the world of freedom of expression, with internet shutdowns and Salman Rushdie’s attack in the spotlight. Plus George M Johnson on being banned.

Features

An unholy war on speech, by Sarah Myers: A woman sits on death row in Pakistan. Her crime? Saying she was a prophet.

Perfecting the art of oppression, by Martha Otwinowski: Poland’s art scene is the latest victim of nasty politics.

Poland’s redemption songs, by Martin Bright: In anti-apartheid solidarity, reggae rode with revolution in Europe.

Fighting back against vendetta politics, by Hanan Zaffar and Hamaad Habibullah: In India, tackling fake news can land you in a cell.

The mafia state that is putty in Putin’s hands, by Mark Seacombe: The truth behind the spread of pro-Russian propaganda in Bulgaria.

Bodies of evidence, by Sarah Sands: A new frontier of journalism with echoes of a crime scene investigator.

Chasing after rights, by Ben Rogers: The activist on being followed by Chinese police.

The double closet, by Flo Marks: Exploring the rampant biphobia that pushes many to silence their sexuality.

Is there a (real) doctor in the house? By John Lloyd: One journalist uncovers the secret of Romania’s doctored doctorates.

The mice hear the words of the night, by Jihyun Park: A schooling in free expression, where the classroom is North Korea.

The most dangerous man in Guantanamo, by Katie Dancey-Downs: After years in Guantanamo, a journalist dedicates himself to protecting others.

America’s coolest members club, by Olivia Sklenka: Meet the people fighting against the surge in book bans.

Special report: The beautiful game?

Victim of its own success? By Simon Barnes: Blame the populists, not the game.

Stadiums built on suffering, by Abdullah Al-Maliki: Underneath the suds of Qatar’s sportswashing, fear and terror remain.

Football’s leaving home, by Katie Dancey-Downs: Khalida Popal put women on the pitch in Afghanistan, before leading their evacuation.

Exposing Saudi’s nasty tactics, by Adam Crafton: A sports journalist is forced into defence after tackling Saudi Arabia’s homophobia.

It’s foul play in Kashmir, by Bilal Ahmad Pandow: Protest and politically motivated matches are entwined in Kashmir’s football history.

How ‘industrial football’ was used to silence protests, by Kaya Genç: Political football: how to bend it like Erdoğan.

Xi’s real China dream, by Jonathan Sullivan: While freedoms are squeezed, China’s leader has a World Cup-sized dream.

Tackling Israel’s thorny politics, by Daniella Peled: Can Palestinians de-facto national team carve out a space for free expression?

The stench of white elephants, by Jamil Chade: Brazil’s World Cup swung open Pandora’s Box.

The real game is politics, by Issa Sikiti da Silva: Is politics welcome on the pitch in Kenya?

Comment

Refereeing rights, by Julian Baggini: Why we shouldn’t expect footballers to hand out human rights red cards.

The other half, by Permi Jhooti: The real-life inspiration behind Bend it like Beckham holds up a mirror to her experience.

We don’t like it – no one cares, by Mark Glanville: English football has moved away from listening to its fans argues this Millwall supporter.

Much ado about critics, by Lyn Gardner: A theatre objects to an offensive Legally Blonde review.

On reputation laundering, by Ruth Smeeth: Beware those who want to control their own narrative.

Culture

The soul of Sudan, by Stella Gaitano and Katie Dancey-Downs: What does it mean for deep-running connections when you’re forced to leave? Censored writer Stella Gaitano introduces a new translation of her work.

Moving the goalposts, by Kaya Genç and Guilherme Osinski: Football and politics are a match made in Turkey. Kaya Genç fictionalises an unforgettable game.

Away from the satanic, by Malise Ruthven: A leading expert on Salman Rushdie writes about an emerging liberalism in Islamic discourse.