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Right to Protest Bill 2025

High-Level Summary
The Right to Protest Bill 2025 proposes to legally recognize the right to engage in peaceful protest, aligning Australian law with its international obligations under the International Covenant on Civil and Political Rights (ICCPR). This bill aims to codify the right to protest and restrict excessive penalties for peaceful demonstrations.
Summary
The bill affects several legislative frameworks by formally recognizing the right to protest in Australian law, particularly under the Commonwealth's legislative powers. It specifies that peaceful protests cannot be restricted except for reasons of national security, public safety, public order, public health, or protecting the rights and freedoms of others. These restrictions must be necessary and proportionate in a democratic society. The bill also declares any laws inconsistent with its provisions, whether existing or future, as inoperative to the extent of the inconsistency. From the explanatory memo:
This bill represents a codification of these elements specifically. This bill relies on the Commonwealth’s legislative powers under paragraph 51(xxix) (external affairs) of the Constitution.
Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy

The Right to Protest Bill 2025 should be supported as it reinforces democratic principles by ensuring the right to peaceful assembly and expression [Judgment]. By aligning domestic law with international human rights obligations under the ICCPR, the bill strengthens Australia's commitment to civil liberties and protects individuals from disproportionate legal repercussions when exercising their freedom of speech. This is especially crucial in fostering a culture of active political participation and safeguarding minority voices in society.

Argument Against
Normative Bases
  1. Hobbesianism
  2. Value-Neutral / Epistemic Objection

The Right to Protest Bill 2025 should be opposed because it could potentially undermine public safety and security. While the bill aims to protect protest rights, it may inadvertently restrict law enforcement's ability to manage public order effectively during large-scale protests. The broad interpretation of protest rights could lead to scenarios where public safety is compromised, particularly when protests escalate beyond peaceful intentions [Judgment]. Moreover, states and territories may find their ability to legislate according to local conditions unduly constrained by federal oversight.

Key Links:
Official URL
Explanatory Memo URL
Latest Bill URL
Date:

2025-02-13

Chamber:

Senate

Status:

Before Senate

Sponsor:

SHOEBRIDGE, Sen David

Portfolio:

Unspecified

Categories:

Civics, Democratic Institutions, Discrimination / Human Rights

Timeline:
13/02/2025

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