14 Nov 2006

Liberty calls freedom of speech curbs “over-the-top” 
 
On 16 November, peace activist Milan Rai and others will bring a High Court challenge against a law prohibiting unauthorised demonstrations within one kilometre of Parliament. 

Rai, represented by the human rights group Liberty, is appealing a Magistrates Court ruling in April that he violated the Serious Organised Crime and Police Act 2005 (SOCPA). 
 
Rai and another protester, Maya Evans, were arrested last year at the Cenotaph in Whitehall as they read out the names of UK soldiers and civilians killed in the war in Iraq. His refusal to pay a £500 fine including costs because of his opposition to the protest ban means he could face up to two weeks in prison. 
 
James Welch, Legal Director of Liberty, said: 
“The resources and energy spent arresting, charging and trying these peaceful demonstrators is absurd and, most importantly, does not make us safer. It simply isn't necessary to curtail the freedom of speech of non-violent activists in this way.” 
 
Stephen Blum and Aqil Shaer, who were arrested for taking part in a Parliament Square “picnic” on the day SOCPA came into force, will also be represented in the joint appeal. 
 
Contact: Jen Corlew on 0207 378 3656 or 0797 3831 128 
 
NOTES TO EDITORS
 
1. The Divisional Court will hear the defendants’ appeal on 16 – 17 November 2006. Counsel Peter Thornton QC from Doughty Street Chambers will argue that the prosecutions are disproportionate in light of the facts of each case. 
 
2. Peaceful demonstrators frustrated with SOCPA 2005 protest restrictions have challenged the law with a series of mass lone demonstrations. Under Section 133 of the Act, authority is required from the police for every protest that occurs within the designated area [ii] as defined under SOCPA, so people have been gathering together for a series of individual protests in Parliament Square. Each is individually authorised. The recent protests have ranged from ‘ban bendy buses’ to ‘drop the US debt’. 
 
3. Brian Haw, whose permanent anti-war vigil in Parliament Square for the last four years has been challenged by the Home Office, was found to be exempt from the SOCPA ban on unauthorised protest near Parliament subject to various restrictions. 
 
4. The Serious Organised Crime and Police Act 2005 (SOCPA) prohibits any demonstrations of one person or more within 1 square kilometre of the Houses of Parliament unless prior permission has been sought in writing from the police. Generally at least 6 days notice should be given, although a minimum of at least 24 hours notice will suffice where this isn't practicable. Under SOCPA, an individual may be charged with organising a demonstration, participating in a demonstration, or demonstrating as an individual without permission.