UNHRC

Brief : Concerns are being raised by citizens worldwide about the extent of
environmental activism. It is well known that freedom of speech and expression
is a fundamental human right. But to what extent is this freedom guaranteed?

Countries like the United Kingdom, France, USA guarantee the fundamental
right of speech and expression but the laws they implement indicate otherwise.

Facts of the case :-

- The United Kingdom has recently passed an act known as Police, Crime,
Sentencing and Courts Act 2022.
- The Act gives the Home Secretary broad powers to make regulations
without reference to Parliament and to decide on the type of protest
deemed acceptable or unacceptable by the state.
- The Act implements a recommendation by the Law Commission to
introduce a statutory offence of public nuisance and abolish the existing
common law offence. This will provide clarity to the police and potential
offenders, giving clear notice of what conduct is forbidden.

- The Swedish climate activist,Greta Thunberg, organised a demonstration

in the city of London, in response to an upcoming conference of
industrialists near the area, specifically industries of construction &
Manufacturing as well as transportation.
- The demonstration was interrupted when police officers arrived at the
scene and proceeded to arrest the protesters in order to put a stop to the
“public disturbance”
- Many strongly disagreed with this action, with the reasoning that it was a
violation of fundamental rights. People across the globe began
questioning the legitimacy of the Act, claiming it would bring an end to
“democracy”
- Whereas, some agreed with the action, claiming that a limit must be
imposed upon the Act of protesting, considering it a preventative measure
against public disturbances.

Issues of the case :

- Does this act contradict the democratic nature of the government? Is it
constitutionally valid?
- To what extent should protesting be allowed? Is this a safety measure
against public disturbances or a measure to control speech?