13 Aug 2025 | News and features, United Kingdom, Volume 54.02 Summer 2025
This article first appeared in Volume 54, Issue 2 of our print edition of Index on Censorship, titled Land of the Free?: Trump’s war on speech at home and abroad, published on 21 July 2025. Read more about the issue here.
Ella Ward sat in jail in the UK for 10 months, waiting to be sentenced for planning to disrupt Manchester Airport in August 2024. When the sentence was handed down this May, it was 18 months in prison for Ward, with other protesters receiving up to 30 months.
Ward and their fellow activists from climate change direct action group Just Stop Oil never reached the runway, where they intended to glue themselves as part of a co-ordinated European action. Instead, according to an account from Ward, police arrested the activists on a side street in Manchester just after 4am on 5 August for planning the protest, which would have caused “severe delays”.
Four JSO activists were charged with conspiracy to cause a public nuisance and found guilty in February.
Ward, 22, a former environmental science student at the University of Leeds, is a serial activist. They have slow-marched down roads for JSO (for which they spent time in prison before charges were dropped) and thrown paint over think tank Policy Exchange, and they were one of three young people – under the banner of Youth Demand (an offshoot of JSO) – who left children’s shoes outside the home of Keir Starmer, then leader of the opposition, to protest against the killings in Gaza.
None of these actions have been violent, although many have caused offence and disruption. But the fact that Ward and others have been sentenced to prison for months demonstrates how the UK has been clamping down on protest when it would once have dealt with such direct actions with fines.
JSO, whose activists threw soup over Vincent Van Gogh’s Sunflowers at the National Gallery, announced earlier this year that it was stopping its activities.
The official reason given was that its demands – for no new oil and gas licences to be issued – had been met. But at the group’s final demonstration through London in April, it was clear that the imprisonment of key activists was a major concern: there were as many protesters holding up pictures of activists who had been jailed as there were messages about climate change and the fossil fuel industry.
Ths shift in protest policing
Mel Carrington, 63, is a JSO spokesperson who was acquitted in June after blocking the departure gates at Gatwick Airport with suitcases last year. She told Index: “We have to respond to repression, and all our most radical people are in prison. So it does have an impact.”
There are currently 11 JSO protesters behind bars. Co-founder Roger Hallam (also co-founder of Extinction Rebellion, or XR) is serving a four-year sentence (reduced from five years) for conspiracy to cause a public nuisance. His crime was playing a major role in a Zoom meeting where he was found to have conspired in a “sophisticated plan” for activists to climb gantries over the M25 – a motorway which circles London – and disrupt traffic. Hallam did not participate in the action, which took place in November 2022, but the law enabled him to be imprisoned for the protest nonetheless.
Locking up climate protesters is relatively new in the UK. Richard Ecclestone, an XR spokesperson and a former police inspector, said the attitude of the police, as well as actual laws, had changed dramatically over the last six years, which he found “very disturbing”. Police used to facilitate protest, now they are shutting it down.
“We don’t want to be like Russia, China or North Korea. That’s not who we are,” he told Index.
Recent anti-protest legislation has given police the power to stop almost any action they don’t like and granted the courts expanded powers to imprison protesters, although the Court of Appeal decided in May that the idea of “disruption” – which led to Swedish climate protester Greta Thunberg being arrested in London – had been drawn too widely and that “serious disruption” could not be categorised as anything “more than minor”.
The 2022 Police, Crime, Sentencing and Courts Act has proved particularly effective at shutting down civil disobedience, while protest-related offences under the Public Order Act 2023 were introduced in direct response to environmental activism. Serious Disruption Prevention Orders introduced in 2024 also mean the courts can prevent people from taking part in disruptive protests after they’ve been convicted of protest-related offences, and breaching the order would be a criminal offence.
Mothers supporting daughters
The Labour government, elected last year, is seeking to give police even more powers to control demonstrations. Amnesty International has highlighted provisions in the new Crime and Policing Bill currently going through parliament which seek to ban face masks and criminalise climbing on war memorials.
The courts have also blocked the right for defendants to use beliefs and motivation as a lawful excuse for causing a nuisance, damage or disruption in most cases.
Ward’s mother (who didn’t want her name to be published) was on the march, as was Rebecca, the mother of Ruby Hamill, another protester who, at the age of 19, was held in prison for slow-marching. Ruby has now been released. Both mothers went on the final JSO march in support of their daughters.
Ward’s mother told Index: “My daughter is very passionate and compassionate and feels deeply about the injustice of the climate crisis and how it’s affecting the global south, and wants to let people know as much as possible. She’s done the most she possibly can do by putting her liberty on the line. She knew the potential outcome.
“She told the jury in the trial she would be at peace with whether she is found guilty or not guilty … the point of her action is to get the message out there. I’m here in solidarity with my daughter and all the other people who have been imprisoned.
“It’s a very conflicting place for a parent – so worried about them being in prison but conversely proud of them for standing up for their beliefs.”
The UK’s deteriorating record
The UK has a poor record when it comes to arresting climate protesters who, like JSO members, have been non-violent and allow themselves to be arrested.
A recent report from the University of Bristol, called the Criminalisation and Repression of Climate and Environmental Protests, looked at government responses across a range of countries.
The report found that 17% of climate and environmental protests in the UK involved arrest, making it the second most likely country (after Australia at 20%) to take environmental protesters into police custody.
It is not the only country to have clamped down heavily on climate protest. France has reached for anti-terror laws, and Spain, Germany and the USA have used legislation designed to tackle organised crime.
Separately, climate activists in the UK have often been subject to civil proceedings such as injunctions which prevent named (and sometimes unnamed) individuals from going near certain places. Carrington says these injunctions can be as intimidating as criminalisation, making people afraid they could lose their savings or their jobs.
In 2022, JSO protester Louise Lancaster was ordered to pay £22,000 for breaching an injunction preventing her going on the M25.
Carrington herself found that she couldn’t renew her house insurance because of proceedings against her. She also claimed teachers had discovered their jobs were at risk because criminal prosecutions for climate change action turned up in Disclosure and Barring Service (DBS) checks.
Another way forward?
All of this risks environmental protesters going underground and carrying out actions with less accountability. There are already organisations such as The Tyre Extinguishers whose members deliberately let down the tyres of SUVs and then scarper, or Shut The System, which sabotages infrastructure.
But the authors of the Bristol report recommended another way forward.
“Governments, legislatures, courts and police forces should operate with a general presumption against criminalising climate and environmental protests,” it said. “Instead, climate and environmental protest should be regarded as a reasonable response to the urgent and existential nature of the climate crisis, and activists engaged as stakeholders in a process of just transition.”
The leaders of climate change movements agree and are working out how to pivot to a less disruptive street-based approach and one which might garner more public support. Ecclestone says XR was interested in using citizens’ assemblies to achieve change and that a lot of work was going on to see how that could be made to work.
Carrington said JSO had a project as part of the umbrella group Assemble which aimed to build on the idea that politics was broken and corrupt, and that building a political project from the grassroots up was the way to achieve change.
She said: “What we need to do more than ever is to come together and to work together to survive the storm that’s coming.”
27 Sep 2024 | News and features, Newsletters, United Kingdom
Today two young British activists, Phoebe Plummer and Anna Holland, have been sentenced to prison after being found guilty of criminal damage following a stunt at London’s National Gallery. The pair, part of Just Stop Oil (JSO), famously threw Heinz tomato soup at Vincent Van Gogh’s Sunflowers back in October 2022. At Southwark Crown Court, Judge Christopher Hehir sentenced Plummer to two years in prison while Holland was jailed for 20 months. Judge Hehir said the pair “couldn’t have cared less” if the painting had been damaged. But please note no person or painting was harmed in the making of this protest. The iconic painting’s frame, however, was (hence the charges). Should they be punished for the damage caused? Perhaps. But surely a simple fine, a suspended sentence, or community service would do? Jail time (and quite significant jail time at that) is problematic to say the least and follows a pattern of climate protesters being punished harshly in a way that makes it harder for others to join their cause and chorus.
Under the last government a series of legislation was introduced (the Policing, Crime, Sentencing and Courts Act 2022, the Public Order Act 2023 and Serious Disruption Prevention Orders), each with the aim of restricting peoples’ right to protest and increasing the punishment for those who fall foul of the new laws. Their scale was evidenced earlier this summer when other JSO protesters were sentenced to four and five years’ imprisonment respectively for planning protests on the M25. Commenting at the time of the sentences Michel Forst, the UN’s special rapporteur on environmental defenders, said they should “put all of us on high alert on the state of civic rights and freedoms in the United Kingdom.”
It’s not just in the UK that the rights of non-violent protesters are being threatened. As Mackenzie Argent reports for Index here, it’s happening throughout Europe, Australia and North America. And while Argent’s article argues that it’s most pronounced in the UK, if the current Italian government gets its way the UK won’t be the worst for long. There, a new security bill proposes outlawing hunger strikes, one of the most powerful forms of protest open to a political prisoner, amongst other measures. All of the countries cited above claim to be democracies and yet these actions make the label look more decorative than substantive. It’s the same story in Israel. Last weekend soldiers marched into the Al Jazeera office in Ramallah, confiscated equipment and closed it for an initial 45 days. Israel’s military said a legal opinion and intelligence assessment determined the offices were being used “to incite terror” and “support terrorist activities”, and that the Qatari-owned channel’s broadcasts endanger Israel’s security. The Israel Defense Forces (IDF) has been pressed on these points by organisations like the Committee to Protect Journalists (CPJ) but has not responded (and indeed when the IDF has made similar accusations in the past, it has provided little evidence to hold them up to scrutiny. See the BBC report here for example). So it simply looks like another attack on media freedom, a way to silence an outlet that can (and should) report to the world what is happening in the West Bank.
People need to be able to protest and they need to be able to report the news. When these two essential pillars are shut down in countries like the UK, the USA, Israel and Italy, the dividing line between democracies and autocracies becomes thinner and the former’s ability to call out the latter on their human rights violations becomes weaker.
16 Jun 2023 | Brazil, News and features, United Kingdom
The temperature is rising, and not just for former British Prime Minister Boris Johnson. The heat has increased in the UK in more literal ways, leading the National Grid to fire up a coal power plant to create enough energy to power all our air-con units. The irony of this is lost on no-one, particularly environmental campaigners.
No, we haven’t gone off on an environmental tangent. There are plenty of free speech issues stemming from the climate crisis, as we have reported many times in the past. Yesterday morning some of the very people who are protesting dirty energy were dealt another blow. After Home Secretary Suella Braverman gave further clarification that “serious disruption” included slow walking protests that block roads, the amendments to the Public Order Act, which further lowers the “serious disruption” threshold, came into effect. The Home Office said: “While the right to peaceful protest remains a cornerstone of our democracy, causing traffic to halt, delaying people getting to work and distracting the police from fighting crime will not be tolerated.”
Disruptive environmental groups have been targeted in government legislation before (à la the Public Order Bill policy paper’s specific reference to Extinction Rebellion), and this latest example is no different. Braverman said: “The public are sick of Just Stop Oil’s selfish and self-defeating actions, which achieve nothing towards their cause.”
Human rights barrister Adam Wagner, commissioned by Friends of the Earth, gave his legal opinion on the matter, highlighting “serious implications for the right to freedom of speech and protest”. He said there will be a chilling effect on people who want to attend protests, “because people who are deciding whether to organise or attend a protest would not be able to predict with sufficient certainty whether the police are likely to impose conditions”. Human rights group Liberty, meanwhile, is launching a legal action over the legislation, which they describe as being “brought in by the back door”.
Groups like Just Stop Oil do indeed divide opinion. But they cannot be used as an excuse to further erode public assembly and protest rights. Imagine a future controlled by the very worst of governments — now imagine how they could use this law.
Last week also was the anniversary of the deaths of British journalist Dom Phillips and Indigenous expert Bruno Pereira, who were killed while reporting in Brazil’s Javari Valley in the Amazon last year. There were memorials across the world. At an event at Rich Mix in London, people not only remembered their lives, they also shone a light on the threats that Indigenous people continue to face in the Javari Valley, as they stand in defence of the rainforest.
Back in autumn 2021 our special report examined the silencing of the planet’s Indigenous peoples. We reported on how environmental defenders in Ecuador were criminalised, threatened and attacked and Australia’s history of selective listening when it comes to First Nations voices. Indigenous communities are just as at risk now as they were then — and as they have been for centuries.
As the mercury levels keep going up globally and defenders of the planet keep raising their voices, we have not forgotten about the threats they face, and the importance of their voices being heard.
11 Nov 2022 | Egypt, Ruth's blog, United Kingdom, United States
Sanaa Seif, the sister of Egyptian writer and activist Alaa abd el-Fattah, speaking at COP27
It shouldn’t surprise anyone reading this that I care passionately about freedom of expression. I have dedicated my life to political engagement and campaigning and have used every right afforded to me under article 10 of the Human Rights Act as I have sought to fix problems in our society.
At Index I spend every day seeking to ensure that those people who are silenced by despotic regimes have a platform for their words and their art. I speak to journalists and stakeholders daily about threats to freedom of speech at home and abroad. After all, Index was founded to protect this most fundamental of human rights everywhere it is threatened.
But there are some weeks when even I am surprised by the scale of news coverage of freedom of speech. Especially in the UK. It increasingly feels like the phrase freedom of speech is dominating political debate as well as the comment pages in our mainstream media. Of course I welcome every mention and the truth, in an age of disinformation, trolling and political populism, is that we need a national conversation about how language, speech and debate need to be protected and cherished as our communication tools evolve and develop.
But in the last week I’m not sure that’s what we’ve seen. I want a debate about freedom of speech and expression. About how to protect and promote media, artistic and academic freedoms. Instead what we have seen is journalists arrested, in the UK, for doing their job and covering the news. We’ve seen an elected politician denounce media outlets for having the audacity to cover protests.
On the international stage we’ve seen a social media platform used by millions of people change dramatically on the whim of a billionaire within a matter of days of his taking ownership. World leaders attending COP27 in Egypt failing in all efforts to intervene in the case of Alaa Abd el-Fattah, a democracy campaigner, imprisoned because he dared to support a political protest. And in the US we’ve once again seen too many politicians undermining the very basis of their democracy as a political tool.
We deserve so much better than this.
We deserve more than political rhetoric about free speech while populists seek to hijack their own definition of free speech for political gain.
We deserve more than token diplomatic gestures when people are rotting in prison for having the audacity to demand their basic human rights.
We deserve more than our police forces arresting journalists and undermining media freedom because they seek to cover the news.
We deserve better. And Index will keep demanding better – at home and abroad.
