Pages tagged "Protest"
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Police back down from unlawful arrest, but will they actually take responsibility?
MEDIA RELEASE
12 April 2024
FOR IMMEDIATE RELEASE
Police back down from unlawful arrest, but will they actually take responsibility?
Police have confirmed that they have dropped charges against Daniel Maxwell for breaching the peace. We defended Maxwell after he was wrongfully arrested for counter-protesting at a pro-Palestinian rally in November last year, says Jonathan Ayling, Chief Executive of the Free Speech Union.
“While we are pleased the police have withdrawn these charges, they should never have been laid in the first place. This is one of three cases we are currently managing where we believe charges were used to silence legitimate speech.
“Laying charges for ‘breaching the peace’ and then withdrawing them before they are assessed by the Court allows the Police to remove those exercising their speech rights from protests without having to account for their actions.
“Police must arrest and charge those committing criminal activity, not those expressing opinions others dislike. This ‘catch and release’ pattern undermines the notion of the rule of law and has a chilling effect on free speech. It sends a dangerous message to Kiwis that it’s better to remain silent.
“We understand from the Independent Police Conduct Authority that over 10 complaints have been laid in similar contexts over wrongful arrest. We are working with the Authority to address these concerns and seek confirmation that this tactic will no longer be used.
“Peaceful protest and counter-protest are crucial elements in a functioning democracy. It is vital that they’re respected and upheld by Police.”
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Second arrest of protestor shows concerning pattern of police disregard for free speech
MEDIA RELEASE28 November 2023FOR IMMEDIATE RELEASESecond arrest of protestor shows concerning pattern of police disregard for free speechIn addition to the arrest of a peaceful silent protestor on Saturday, Lucy Rogers, at a pro-Palestinian rally in Auckland, another protestor has contacted the Free Speech Union after being arrested for 'obstruction' after standing peacefully near the protest. There appears to be a troubling pattern of police disregard for free speech and the right to peacefully protest, says Jonathan Ayling, Chief Executive of the Free Speech Union."The protestor, Daniel, went to central Auckland prior to the protest on Saturday, and asked Police if he was permitted to hold an Israeli flag there. He was advised against it but informed that it was allowed."When he later brought his flag along he was told to leave, and warned that if he returned with the flag he would be arrested. He returned without the flag and was arrested and charged with obstruction. He will appear in court on Thursday."Frivolous charges such as 'disruption of the peace' and 'obstruction' have become commonplace in other countries, such as the United Kingdom, as ways to constrain and suppress legitimate speech rights. We must not allow that to become the case here."The Free Speech Union has assigned a barrister to this case who will provide pro bono representation for this protestor in his court appearance. We are also assessing the value of a further Independent Police Conduct Authority complaint, or other legal action."New Zealander's basic rights are to be protected by police, not defied. There must be accountability for police who fail to respect these fundamental freedoms." -
Woman arrested for peaceful counter-protest: New Zealand’s Police must protect right to peaceful protest
MEDIA RELEASE27 November 2023
FOR IMMEDIATE RELEASEWoman arrested for peaceful counter-protest: New Zealand’s Police must protect right to peaceful protest
At the pro-Palestinian protest on Auckland’s Queen Street on Saturday, a peaceful counter-protestor was arrested for silently holding a sign. New Zealand’s Police must not fall into the trap of using “breach of the peace” laws to silence legitimate speech as has become common overseas. We call on the Police Commissioner to stamp out this practice before it becomes commonplace, says Jonathan Ayling, Chief Executive of the Free Speech Union.
“At Saturday’s protest, criminal defence lawyer Lucy Rogers was arrested for a ‘breach of the peace’ out of fear that her sign, which read “SELECTIVE CONDEMNATION OF GENOCIDE IS EVIL”, would spark a riot. She did not enact or threaten violence, nor were the protestors themselves violent.
“This arrest was unwarranted and unlawful. It is unacceptable that the Police would quash Lucy’s right to free expression and lawful counter-protest rather than protect it from any feared unlawful violence.
“Overseas, ‘breach of the peace’ laws have been frequently used to suppress lawful protests. It would be a tragedy and a huge step backwards for Kiwis’ free expression rights if New Zealand’s Police pick up this habit.
“Police Commissioner Andrew Coster must ensure this behaviour is swiftly stamped out and that the Police affirm their role in protecting peaceful protest and counter-protest, not preventing it themselves.
“The Free Speech Union is writing to the Commissioner and Auckland District Police Commander, and laying a complaint with the IPCA on Lucy’s behalf. We are also exploring legal avenues for redress following Lucy for her unlawful arrest and breach of her right to free expression."
ENDS
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Petition Launched By Free Speech Union Calling On Parliament To Remove Mallard As Speaker
18 February 2022FOR IMMEDIATE RELEASE
Petition Launched By Free Speech Union Calling On Parliament To Remove Mallard As Speaker
The Free Speech Union has launched a petition calling on Parliament to remove Trevor Mallard as Speaker of the House following his unacceptable interferences with press freedom during the Convoy 2022 protest. (Link to the petition: www.mallardmustgo.nz)
“Trevor Mallard’s conduct during the protest has degraded the office he occupies. His instruction to journalists not to engage with protestors shows a disdain for fundamental democratic principles,” says Free Speech Union spokesperson, Jonathan Ayling.
“The Press Gallery literally exists to report on parliamentary news and events. Dictating to them how they may report on a story is an unacceptable restriction on press freedom which has a critical role in our democracy, now more than ever. Freedom of the press is founded on free speech, and it protects our basic liberties by giving us access to credible information.”
"It was especially alarming to hear the Speaker made the Press Gallery Chair relay to Barry Soper that there would be ‘consequences’ if he continued to ignore his instruction - that is to say, if he continued to do his job as a member of the free and independent media.”
"Similar comments by a Minister at another time would rightly result in the Prime Minister demanding their resignation. The Speaker’s disdain for democracy is palpable. Only his removal can restore dignity to his office.”
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