Liberty - Protecting civil liberties, promoting human rights

There is no doubting that police and security will be faced with demanding challenges during the London Olympics. Nevertheless, infringements on basic civil liberties like the right to free speech and peaceful protest are not the solution to a secure Games. It would also be completely contrary to the spirit of the Olympics for 2012 to become an excuse for mass surveillance and loss of liberties. What a shameful legacy for London 2012 that would be.

Security and police powers

With the world's eyes on London next year, increased security up to and throughout the Games is anticipated.

Unfortunately, as we have seen in the past, our many, vaguely defined, police powers are liable to misuse. Under section 44 of the Terrorism Act 2000 police could stop and search anyone who was in a specific area without suspicion. We saw these powers used disproportionately against ethnic minority groups and on peaceful protestors. Following Liberty’s successful challenge to the power in the European Court of Human Rights, section 44 is currently suspended and its planned replacement is contained in the Protection of Freedoms Bill presently going through Parliament. While the replacement power (expected to be in force in time for the Olympics) is an improvement on section 44, it does not impose sufficient time or geographical limits on the use of stop and search without suspicion.

Similarly under section 60 of the Criminal Justice and Public Order Act 1994, police can stop and search, without the need for suspicion, anyone who is in a designated area. A person in that area can be searched to see if they are in possession of weapons or dangerous instruments (being anything that has a blade or sharp point). The power to designate an area when it is ‘expedient’ to do so is very broad and has often been used in a way that discriminates against certain ethnic groups.  

In 2009 Lord Moynihan, chairman of the British Olympic Association, attempted to introduce a private members bill which would have provided the police with powers to test athletes for performance-enhancing drugs. The British Athletes Commission expressed concern about random stop and search in the Olympic Village which would “make athletes feel like criminals”. Turning the police into anti–doping referees with the power to search for otherwise lawful substances would have been an unwelcome and unnecessary distraction. Thankfully, these powers never reached the statute book.

In December 2011 the Government announced that 13 000 military personnel will be deployed at the Olympics alongside private security guards provided by G4S. While it is one thing to keep troops in reserve for true emergencies, militarising the Games through the use of uniformed troops will likely have a chilling effect on free speech.

Whitehall officials have also hinted at new powers to set up “exclusion zones” in areas around Olympic sites reportedly to allow for the fast track forcible removal of protesters.

Surveillance

While information on police plans for CCTV use during the Olympics is scarce, it has previously been reported that a central police control room will be given the ability to remotely tap-in to any CCTV network in London and plot the information on a detailed 3D map. Given the number of cameras in operation in the Capital this could effectively allow for targeted, real-time, surveillance of individuals without any of the safeguards currently provided for when such intrusive powers are sought.

It has also been reported that police are planning to use unmanned spy drones (as controversially deployed in Afghanistan) at the London Olympics. 

The London Olympic Games and Paralympic Games Act (2006)

This legislation  creates institutions and powers that are specific to the 2012 Games. Among other things it provides for Regulations to curb advertising near Olympic venues and protect the commercial brand of the London Olympics. The Act is broadly framed and allows for the banning of "advertising of a non-commerical nature, and […] announcements of notices of any kind". Section 22 of the Act allows a "constable or enforcement officer" to "enter land or premises" where they believe such an advert is being shown or produced and destroy the materials. Powers of entry should be for fighting crime, not policing poster displays.

While the type of material that could be banned under the Regulations is potentially very wide, Regulation 7 provides that advertising activity which is intended to “demonstrate support for or opposition to the views or actions of persons or bodies of persons, or to publicise a belief, cause or campaign or mark or commemorate an event” is excepted from the banning regime. If the right of peaceful dissent is to be protected at the London Games, this exception must be widely construed by police and “enforcement officers”.