The big question

How would the Australian Government’s proposed harsher penalties for protesters impact democratic society?

An image of a protester.

Following a bill tabled in Parliament in November seeking to introduce harsher penalties for protesters who disrupt workplaces, Contact asked UQ experts how would the Australian Government’s proposed harsher penalties for protesters impact democratic society?


Dr Patrick Jory

School of Historical and Philosophical Inquiry
Faculty of Humanities and Social Sciences

“The global upwards shift of political and economic power of the last 20 to 30 years has fuelled the rise of protest movements around the world. Everywhere, centrist political parties are losing support and populist politics is on the rise. Young people have been disproportionately affected, which explains why many have become politicised. Climate change, which is a defining issue for young people, is really a proxy debate about this great political and economic shift. In authoritarian countries, regimes have beefed up internal security. In more democratic countries, governments and the conservative traditional media call for the imposition of harsher penalties on protesters. The reason is the same: the defence of the current political and economic status quo. It is another symptom of the erosion of democratic political culture around the world. It is likely that the polarisation that we see in other parts of the world will grow here in Australia.”


An image Professor Roland Bleiker

Professor Roland Bleiker

School of Political Science and International Studies
Faculty of Humanities and Social Sciences

“Harsher penalties for protesters is unwise and ineffective. First, it is anti-democratic. Democracies rely not only on procedures like voting or parliamentary representation, but also on an ongoing openness to dialogue and different ideas. Prevailing norms and policies can only remain fair if they are open to contestation and justified in response to these contestations. Second, repressing protests will not work. Protests emerge precisely at moments when prevailing institutions fail to deal with the most important issues of our day, whether this is climate change, inequality or racism. Repression of dissent will not address this crisis in governance but exacerbate it.”


Monica Taylor

School of Law
Faculty of Business, Economics and Law

“Australians are legally entitled to protest. The right to peaceful protest exists in many state laws and it is also protected by the Australian Constitution. Protesting is a core feature of our modern democracy. It is a way for people to have their voices heard, especially when they believe their elected political representatives have stopped listening, or are no longer acting in their best interests. So many social and environmental struggles in Australia were won by people participating in peaceful protests. Government threats to introduce harsher penalties for protestors are a political distraction.  Laws already exist for actions like trespass and public nuisance, and police have considerable powers to deal with protest situations. A healthy democracy is one where the right to freedom of expression is promoted and protected, not suppressed or silenced.”


An image of Monica Taylor
An image of Katharine Gelber

Professor Katharine Gelber

School of Political Science and International Studies
Faculty of Humanities and Social Sciences

"The right to peaceful, non-violent protest is a fundamental democratic right, enshrined in Article 21 of the International Covenant on Civil and Political Rights. The right is not absolute, and democratic governments always need to balance it against other interests. Given the nature of political protest, those interests are usually commercial – businesses carrying on their operations, or people getting to work on time. But protest is uncomfortable by nature; it aims to disrupt, interrupt and confront. The ability to do this peacefully is integral to our democracy and must be protected." 


Dr Martin Weber

School of Political Science and International Studies
Faculty of Humanities and Social Sciences

"Civil Disobedience has long been linked to struggles for democratisation, and the history of attempts to prevent it by using the executive powers of the state is just as long. Civil disobedience is a special register of protest, dedicated to non-violent disruption of 'normal' life, where participants expect (or are reconciled to) arrest and even potential trial. Trying to suppress this by using legislation to criminalise it therefore intrinsically has little or no deterrent effect. Civil disobedience emerges and typically grows in momentum when the political system of government systematically fails to process and address important, salient concerns persistently."


An image of Dr Martin Weber

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