Freedom of assembly
Understand freedom of assembly and the right to protest in Australia, and how laws and practices shape public participation in demonstrations and public
Summary
- Peaceful protest is an essential part of our democracy.
- While Australia has promised to protect protest rights, these rights are not comprehensively protected under Australian law.
- In recent years, Australian states and territories have increasingly enacted laws that limit the right to peaceful assembly and freedom of expression.
Download the fact sheet
Freedom of assembly
This fact sheet provides information on issues raised in the report card as well as findings from a range of reports and submissions made by the Commission over the past 12 months.
Democratic freedoms | Other priority human rights issues
State and territory governments continue to introduce laws which unreasonably restrict Australians’ protest rights.
The right to peaceful assembly and free expression
Peaceful protest is an essential part of our democracy. While Australia has promised to protect protest rights, these rights are not comprehensively protected under Australian law.
In recent years, Australian states and territories have increasingly enacted laws that limit the right to peaceful assembly and freedom of expression.
These laws often create offences that can have broad application and impose disproportionately harsh penalties on individuals exercising their right to protest. Protest laws must carefully strike a balance between legitimate need to protect public safety and fundamental democratic rights to peaceful assembly and free expression.
Examples of recent legislation and excessive penalties include
Newly introduced laws governing the right to protest in Australia have become increasingly vague and ambiguous. The lack of clarity leaves them open to broad interpretation and potential misuse, allowing authorities to apply them more broadly than what was originally intended.
Australian law reform must have a clear and evidence-based purpose, be necessary and proportionate, operate clearly and coherently within the broader legal system while safeguarding rights.
Priority action
The Australian Government must ensure that all laws that regulate protests are consistent with the right of peaceful assembly.
Explainer: Protest rights in Australia
Learn more about the duty of governments to facilitate protest and when protest rights can justifiably be limited, for example to stop hate speech or incitement to violence.
