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.”

“We deserve more on freedom of expression”

Sanaa Seif, the sister of Egyptian writer and activist Alaa abd el-Fattah, speaking at COP27

It shouldn’t surprise anyone reading this that I care passionately about freedom of expression. I have dedicated my life to political engagement and campaigning and have used every right afforded to me under article 10 of the Human Rights Act as I have sought to fix problems in our society.

At Index I spend every day seeking to ensure that those people who are silenced by despotic regimes have a platform for their words and their art. I speak to journalists and stakeholders daily about threats to freedom of speech at home and abroad. After all, Index was founded to protect this most fundamental of human rights everywhere it is threatened.

But there are some weeks when even I am surprised by the scale of news coverage of freedom of speech. Especially in the UK. It increasingly feels like the phrase freedom of speech is dominating political debate as well as the comment pages in our mainstream media. Of course I welcome every mention and the truth, in an age of disinformation, trolling and political populism, is that we need a national conversation about how language, speech and debate need to be protected and cherished as our communication tools evolve and develop.

But in the last week I’m not sure that’s what we’ve seen. I want a debate about freedom of speech and expression. About how to protect and promote media, artistic and academic freedoms. Instead what we have seen is journalists arrested, in the UK, for doing their job and covering the news. We’ve seen an elected politician denounce media outlets for having the audacity to cover protests.

On the international stage we’ve seen a social media platform used by millions of people change dramatically on the whim of a billionaire within a matter of days of his taking ownership. World leaders attending COP27 in Egypt failing in all efforts to intervene in the case of Alaa Abd el-Fattah, a democracy campaigner, imprisoned because he dared to support a political protest. And in the US we’ve once again seen too many politicians undermining the very basis of their democracy as a political tool.

We deserve so much better than this.

We deserve more than political rhetoric about free speech while populists seek to hijack their own definition of free speech for political gain.

We deserve more than token diplomatic gestures when people are rotting in prison for having the audacity to demand their basic human rights.

We deserve more than our police forces arresting journalists and undermining media freedom because they seek to cover the news.

We deserve better. And Index will keep demanding better – at home and abroad.

“The tyrants win if we let acts of protest pass without notice”

Photo: Shima Abedinzade

I went on my first political demo when I was a baby – joining the march against pit closures. For four decades I have been on demos to save jobs; on pickets to support striking workers and; on marches against racism and political extremism. I have participated in political stunts at elections and vigils to mark horrendous and heartbreaking events. Each has been newsworthy to some extent, each was meant to be a mark of solidarity with a community or a group whose voice needed to be amplified in order to be heard. Each was a statement of my personal values and a commitment to make our society a little better.

But none of these acts of democratic participation required me to be brave. Not really. I never once considered if my political views could, on that day, cost me my life. Although in hindsight some of them made me very vulnerable. But I never thought about it seriously because I am so incredibly lucky to live in a democracy, to have basic human rights which protect my right to be heard, to protest, to assemble. To speak truth to power. My biggest threats came from individuals who wished me harm – not a government or a police force or a judiciary.

I am lucky. I know I am. And I am so grateful for it.

Which is why it is so important that people like me, like you, use their voices to promote those who are brave, those who risk everything by walking down the street without a head scarf, those who stage a sit in outside the Kremlin against an unjust war, those who unveil a banner exposing the tyrant that governs them. These people are brave beyond words. They use the only things available to them – usually their bodies – to challenge an unacceptable status quo. And by doing so they build a movement. They move the dial just a little and they place untold pressure on the tyrants and dictators who strive to silence them.

We have a duty to support them, to tell their stories and to amplify their voices. Because otherwise nothing changes. 

The tyrants win if we let these acts of protest pass without notice. If we let global news move on and forget the faces of those who have paid the ultimate sacrifice to demand their access to the universal values that we hold so dear and so easily take for granted. We have an obligation to support the Iranian women in their demands for equality. We have a duty to tell the stories of those Russian dissidents who push back against Putin’s illegal invasion. We have a responsibility to ensure that the democracy campaigners imprisoned in Hong Kong are remembered. Not just today but every day. 

We have to be, today and always, a Voice for the Persecuted. 

LIVE: Protest and the Royal succession

The death last week of the UK’s Queen Elizabeth, at the age of 96, shocked the nation and others throughout the world. Many would agree with our CEO Ruth Smeeth, who said she was a “formidable leader” and a “stabilising force through many periods of global turmoil”. Many would also take a different stance.

There are worrying indications, however, that those who do not feel the same way about the Queen and her legacy are being silenced, including the arrest of a number of protesters in Edinburgh, one displaying an “Abolish Monarchy” placard, and others being threatened by the police with arrest in London and Oxford.

Asked about the Edinburgh arrests, a spokesperson for Prime Minister Liz Truss, who was only appointed by the Queen days before her death, said: “This is a period of national mourning for the vast majority of the country, but the fundamental right to protest remains the keystone of our democracy.”

The arrests come after a year in which the British government has made changes and called for further changes to many areas of legislation governing the right to protest and freedom of expression.

Her Majesty’s death also comes just months after the new Police, Crime, Sentencing and Courts Act 2022 came into force. This gives the police much greater powers when it comes to restricting protests. Previously protests could only be stopped if they risked “serious public disorder, serious damage to property or serious disruption to the life of the community”. A belief that “public nuisance” may be caused is now sufficient.

Speaking on the arrests in Scotland, Ruth Smeeth, Index on Censorship’s CEO, said: “It is deeply concerning to see the arrests being made. The fundamental right to freedom of expression, including the right to protest, is something to be protected regardless of circumstance.

“These arrests come at a time of national debate around the new Police, Crime, Sentencing & Courts Act covering England and Wales, legislation that Index raised serious concerns about during its passage through Parliament.

“People across the country and beyond continue to mourn the loss of the Queen, a loss felt keenly by so many. However, we must guard against this event being used, by accident or design, to erode in any way the freedom of expression that citizens of this country enjoy.”

We will use this live blog to draw attention to highlight events that appear to threaten our fundamental right to express views peacefully, whether for or against the monarchy.

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