By making protests conditional on state approval, governments are eroding our democracy

Governments across Australia are increasingly requiring protesters to obtain permission before demonstrating, which is undermining our democracy, according to a new report. Protests often face high fines, jail time and police violence when organisers do not secure the necessary approval. The Australian Democracy Network and Deakin University’s Centre for Law as Protection recently published research mapping the complex systems in place, revealing confusion between notification and authorisation methods.

While notification systems allow protests to proceed safely, authorisation systems demand state approval, which contradicts international human rights standards. Australia has a history of violently dispersing protests, and recent crackdowns in New South Wales have resulted in police using excessive force against peaceful demonstrations.

The burden of obtaining permits disproportionately affects small volunteer groups and marginalized communities, and the systems lack evidence of effectiveness. Comparatively, other countries do not require protesters to obtain permission, and their courts have struck down attempts to do so. The solution is to restore notification systems, ensuring protests are lawful unless they pose a threat, and police should facilitate protests rather than use force.