COVID and Freedom to Protest

The coronavirus crisis has raised many complex and difficult issues for civil libertarians, none more so than in the case of the right to protest, particularly in the context of such an important issue as the massive over incarceration of Australia’s First Nations people.

But clearly not just traditional civil libertarians. Last weekend’s spontaneous Black Lives Matter protests in Australia made Aboriginal deaths in custody front page news for the first time in decades. It looks like an historic event.

“Undoubtedly, every person who attended those rallies made a calculated decision that the BLM issue overrode the risk of contagion. But protestors must recognize that the proposition ‘Your gatherings are a threat, mine aren’t,’ is fundamentally illogical. Having forcefully made their point, perhaps it is time to allow the standard fortnight to check whether the rallies really did increase contagion. If they didn’t, as everyone must hope, that will be a welcome signal that it may be time to move to the next phase of easing the lockdown” said Mr Cope QCCL President

“Free speech is a key value of the QCCL. However, we accept that that right, can be restricted in the context of the current crisis, as so many other rights have been. It should not be necessary to remind people that members of the community have been prevented from saying farewell to deceased loved ones by the coronavirus restrictions” says QCCL President Michael Cope.

The QCCL’s position is that people should be allowed to exercise the right to protest so long as they comply with social distancing rules.

Protest organizers should make the usual application for a permit to conduct their assembly. No doubt, as part of that process a relevant consideration will be whether or not the protest can comply with social distancing laws.

“It has always been the position of the QCCL that is the job of the police to facilitate peaceful protest and that the use of fines and particularly force should be the last resort. Furthermore, particularly in this context, protesters should ensure that they are socially distancing and engaging in peaceful protest. But if, despite all these efforts, protests cannot be conducted in a manner which complies with social distancing rules, the law should be enforced by the police”

This position does give some priority to freedom of speech because at the current time any gathering of more than 20 people is illegal. However, this protected position for freedom of speech must give way where the crowd becomes so large that it is impossible to practice social distancing.

Whilst this is no doubt an infringement on the right to freedom of speech, there remain other mechanisms of protesting including through online forums, by donating money and where safe drive-by protests.

“Whilst there have been no cases of community transmission of the virus in Queensland for some days, it is clear that currently the consensus of expert medical opinion is that social distancing rules must remain in place. Whilst that remains the case, community acceptance of the rules which are necessary to protect us all, requires that they be enforced where there is a clear breach and no other option.”.