These anti-protest laws are what we expect in Putin’s Russia

We run this piece the week five spokespeople, who were due to give a press conference about protests against a ban on Palestine Action, were arrested by the Metropolitan Police on suspicion of encouraging support for a proscribed organisation

The right to protest is under unprecedented attack in the UK. I should know. l’ve been campaigning for 58 years and participated in more than 3,000 protests, witnessing first-hand the way protesters’ rights have been progressively eroded.

The recent restrictions are merely an escalation of repressive legislation that has long existed and has often been used to stifle peaceful protest.

In the 1990s, under the ancient “breach of the peace” statutes I was arrested simply for holding placards urging LGBT+ equality. The police said that such a “controversial” demand could cause a violent reaction by members of the public, so I had to be arrested to prevent the possibility of violence. In other words, I was held liable for the potential criminal behaviour of others.

The public order laws against behaviour likely to cause “harassment, alarm and distress” were introduced in 1986, supposedly to combat football hooliganism and violent street disorder. But they have since been used overwhelmingly to suppress peaceful protesters. I was arrested under this law in 1994 for publicly condemning the sexism, homophobia and antisemitism of the Islamist extremist group Hizb-u-Tahrir. The group called for the execution of LGBT people as well as women who have sex outside of marriage. No police action was taken against Hizb-u-Tahrir[1]. But when I cited and criticised what they said, I was arrested for behaviour likely to cause “harassment, alarm or distress.”

In recent years, the criminalisation of peaceful protesters has been further expanded to include mere disruption and nuisance. Disruption? Isn’t that one of the objectives of a protest? To disrupt business as usual. Nuisance? Most people would associate nuisance with a noisy dog or a late train. But a peaceful protest?

The new legislation has given the police a green light to crackdown even more harshly, as my two recent brushes with the law illustrate.

I was arrested at the Palestine solidarity protest in London, on 17 May 2025. The police claimed I had committed a ”racially and religiously aggravated breach of the peace” by marching with my placard: “STOP Israel genocide! STOP Hamas executions! Odai Al-Rubai, aged 22, executed by Hamas! RIP!”

The police claim is nonsense. My placard made no mention of anyone’s race or religion. Detained by the police for nearly six hours, I was finger-printed, DNA-sampled, photographed and denied the right to speak to a solicitor. The police have since admitted I was arrested in “error” but only after adverse publicity and my production of video evidence of the police’s behaviour. It was the 103rd time I have been detained or arrested by the police during my nearly six decades of campaigning – in all cases for peaceful protests.

A week later I was forcibly and unlawfully ejected by police from the Birmingham Pride parade. My crime? The police objected to me holding a placard that read: “West Midlands police refuse to apologise for anti-LGBT+ witch-hunts. SHAME! #ApologiseNow”

When I challenged the police’s bid to remove me from the parade, officers said the Pride organisers told them I was not authorised to be on the march and they had requested the police to remove me. That was a fabrication. I was wearing a march wristband. The Pride CEO approved me to march in the parade and has since confirmed that he never gave the police any instructions to remove me. It looks like police ejected me in revenge for my exposure of their refusal to say “sorry”.

What’s happened to me is small fry compared to government and police sledgehammer tactics against the climate campaigners like Just Stop Oil: sentences of three to five years jail for merely discussing motorway protests. Over two years in prison for climbing on the Dartford Crossing.

The crackdown on protest has culminated in the proscription of Palestine Action as a terrorist organisation. This draconian measure is what we expect in Putin’s Russia, not in Britain.

And it only gets worse. Over 500 people were arrested outside parliament on 9 August 2025 for holding placards “I oppose genocide. I support Palestine Action.” They were expressing their opposition to the designation of the organisation as a terrorist group and supporting its efforts to stop what they regard as Israel’s genocide. What kind of country have we become when freedom of expression is a crime?

Breaking the law to non-violently challenge injustice has an honourable tradition, as espoused by Martin Luther King and the US black civil rights movement in the 1960s.

It can be ethically justified in three circumstances: when governments ignore the wishes of the majority, break their election promises or violate human rights. If these principles clash, the protection of human rights should always trump majority opinion and election promises. No government has the right to oppress people or deny freedoms and, if it does, people have a right to resist with non-violent civil disobedience.

And that is what I have done on many occasions. Until the 1990s, there had been a long-standing ban on protests within a mile of parliament, under ancient “sessional orders.” Myself and members of the LGBT+ group OutRage! were determined to challenge this unjustified restriction on the right to protest. We were repeatedly arrested in the 1990s for “unlawfully” standing opposite the House of Commons with placards demanding the repeal of anti-LGBT+ laws. Our ethical law breaking, to assert the right to protest outside parliament, which had imposed these laws, eventually changed the way the law was interpreted and enforced, thereby allowing protests where they were once banned.

Critics say that breaking the law is never justified in a democracy because elections give people the option of changing the government.  But Britain is not a fully formed democracy with a fair voting system. No political party has won a majority of the popular vote since 1931.

We’ve had decades of unrepresentative parliaments, and governments ruling with minority public support. Labour won only 34% of the vote in the 2024 general election but bagged 63% of the seats and 100% of the power. That is not democracy. Keir Starmer has no majority mandate for his crackdown on the right to protest.

* For more information about Peter Tatchell’s human rights work: www.PeterTatchellFoundation.org

[Editor’s note: After taking legal advice, Index removed a section of this article pertaining to Palestine Action, because of draconian terror legislation and the lack of a defence of free speech.]

[1] Hizb-u-Tahrir were proscribed in 2024 as a terrorist group

The week in free expression: 2 – 8 August 2025

Bombarded with news from all angles every day,  important stories can easily pass us by. To help you cut through the noise, every Friday Index publishes a weekly news roundup of some of the key stories covering censorship and free expression. This week, we look at the imprisonment of a prominent Georgian journalist, and a blow to democracy in El Salvador.

A slap in the face: Georgian journalist is the country’s “first female prisoner of conscience”

Following a detention that lasted over 200 days, prominent Georgian journalist Mzia Amaglobeli has been sentenced to two years in prison in a case described by human rights groups as “disproportionate and politicised”.

Amaglobeli, founder of independent news websites Batumelebi and Netgazeti, was taking part in national protests against the disputed national election that took place in October 2024 when she was twice arrested by Georgian police – first for placing a sticker on a building, and then for allegedly assaulting a police officer. A recording of the altercation showed that Amaglobeli lightly slapped the officer before being forcefully arrested, and her lawyers have stated that she was verbally abused and denied access to water following her arrest.

She has been recognised as the first female prisoner of conscience in a country where democracy and free speech have rapidly crumbled. While her initial charge of assault was downgraded to “resisting or using violence against a law enforcement officer”, her two-year sentence has been condemned by the EU, with a spokesperson denouncing the “instrumentalisation of the justice system as a tool of repression against independent voices”. Numerous rights groups have called for her release, with the Committee to Protect Journalists describing the sentence as “outrageous” and “emblematic of Georgia’s increasing use of authoritarian tactics” against independent media in the country.

President Nayib Bukele here to stay: El Salvador abolishes presidential term limits

On Friday 1 August, El Salvadoran Congress voted 57-3 to abolish presidential term limits, allowing President Nayib Bukele to potentially serve for life. Following the announcement, opposition congresswoman Marcela Villatoro announced that “democracy in El Salvador has died”.

Bukele, who has described himself as the “world’s coolest dictator”, has garnered significant popular support since coming to power in 2019, with an approval rating of over 80%. This is largely due to his intense crackdown on the gang violence that has plagued the Central American nation. In 2022 he announced a “state of exception” allowing the government to arrest tens of thousands without due process. This practice has led to close to 2% of the nation’s population being incarcerated.

There may, however, be another side to the crackdown. In May, Independent Salvadoran news site El Faro released an interview with a gang leader who reportedly struck deals with Bukele to help the 44-year-old rise to power. Shortly after, numerous journalists at El Faro were forced to flee the country under threat of arrest. They are far from the only targets of Bukele’s administration; at least 40 journalists have been forced to flee El Salvador since May because of threats from the government.  The country’s leading human rights group Cristosal decided in July to completely relocate following the arrest of Ruth López, Cristosal’s chief legal anti-corruption officer.

Human rights groups are alarmed about the swift deterioration of press freedom in El Salvador  – but with Bukele’s popularity still sky-high and his party controlling 90% of seats in congress, he appears unassailable. 

The crime of speaking up: Turkish youth activist detained over Council of Europe speech

On 5 August, Turkish youth and LGBTQ+ activist Enes Hocaoğulları was detained upon arrival at Ankara’s Esenboğa Airport over a speech he gave at a Council of Europe (COE) meeting in Strasbourg.

Hocaoğulları, who is Turkey’s youth delegate to the COE’s Congress of Local and Regional Authorities, gave a speech in March titled “Young people in Turkey say ‘Enough’” in which he railed against police brutality, crackdowns on dissent, and the imprisonment of opposition politicians such as Istanbul’s mayor Ekrem İmamoğlu, who was arrested earlier that month. Following his address, Hocaoğulları was subject to a targeted smear campaign branding him as a “traitor” who seeks to “spread LGBTI+ ideology”. 

Hocaoğulları faces charges of “publicly disseminating misleading information” and “inciting hatred and enmity”, charges that “flout the fundamental right to free expression”, according to COE’s congress president Marc Cools. The COE previously expressed concern over the Turkish Government’s attacks on democracy after the arrest of İmamoğlu, who intends to challenge Turkish President Recep Tayyip Erdoğan in the 2028 elections. The COE have called for Hocaoğulları’s immediate release, describing his arrest as “scandalous and unacceptable”.

A step in the right direction: St Lucia strikes down colonial-era anti-LGBTQ+ law

In a landmark judgement, the Eastern Caribbean Supreme Court has ruled that St. Lucia’s colonial-era “buggery”and “gross indecency” laws outlawing consensual same-sex relations are unconstitutional.

Previously, engaging in intercourse with a member of the same sex was punishable by up to 10 years in prison. Although the law was rarely enforced, Human Rights Watch have detailed how such laws imposed under British colonial rule allow for discrimination in employment and healthcare, creating a “climate of fear” for LGBTQ+ communities who felt they could not report homophobic abuse to the authorities. The court held that criminalisation of homosexual conduct results in “public humiliation, vilification and even physical attacks” on LGBTQ+ individuals.

St. Lucia is the latest Caribbean nation to repeal colonial-era anti-LGBTQ+ legislation, following in the footsteps of Dominica, St Kitts and Nevis, and Barbados, among others. However, many of its neighbours still hold on to these laws, with Trinidad and Tobago & St. Vincent and the Grenadines recently voting to uphold repressive legislation targeting LGBTQ+ people.

Jailed for a TikTok: Ugandan university student imprisoned for posting TikTok critical of the president

Ugandan university student Elson Tumwine, who went missing for over a month after posting a TikTok criticising Ugandan President Yowerei Museveni, has been sentenced to two months imprisonment.

Tumwine, a third-year student at Makerere University in Uganda’s capital Kampala, posted a video accusing Museveni of being responsible for the 1989 Mukura massacre, allegedly doctoring a clip of parliamentary speaker Anita Among to make these claims. He was working as an agricultural intern in Hoima, western Uganda, when he disappeared, causing Makerere University to issue an urgent appeal for his whereabouts. Secretary-general of opposition NUP party David Lewis Rubongoya claimed to have information that Tumwine was dumped at a police station on 13 July after being subjected to “incredible torture” by military intelligence units.

The prosecution stated that the TikTok was intended “to ridicule, demean and incite hostility” against Museveni and Among, and charged Tumwine with offensive communication and computer misuse. In court he swiftly pled guilty, resulting in a more lenient sentence than expected. although local reports allege that he may have done so under pressure from security operatives.

Tumwine is the latest Ugandan to face charges over videos critical of the government on social media, with the Ugandan e-paper Monitor stating he is the sixth TikToker to be imprisoned in the country for “offensive communication”. Emmanuel Nabugodi, was jailed for 32 months in November 2024 for “insulting” Museveni in a TikTok, while Edward Awebwa faced 24 months on similar charges in July 2024.

The EU is losing patience with Hungary

The European Convention on Human Rights was set up in the aftermath of World War Two to protect the rights of people in the Council of Europe’s 47 member states. Enshrined within it are fundamental obligations around free speech, including the right to free expression and the right to protest. It was intended to act as a blueprint for democracy and a rules-based order – but certain member states are tearing up this rulebook, none more so than Viktor Orbán’s Hungary, and seemingly getting away with it.

In recent years, Orbán has intensified his crackdown on democratic principles, including eroding academic freedoms and increasing hostility towards the media. In April, Orbán even decided to withdraw Hungary from the International Criminal Court – a pan-global organisation set up to uphold the rule of law and hold those charged with the gravest war crimes accountable.

The LGBTQ+ community has been particularly targeted in Hungary, with laws passed abolishing the legal recognition of transgender people in 2020 and banning the depiction of homosexuality to under-18s in 2021. A recent escalation is a law banning Pride marches, introduced in March, under the guise that such gatherings are harmful to children. At the time, Orbán said: “We won’t let woke ideology endanger our kids.”

Hungary’s parliament has since passed a series of other amendments tightening the government’s grip on those seeking to attend Pride, which will allow authorities to use facial recognition technology to identify people at events, and potentially fine them up to 200,000 Hungarian forint (HUF), the equivalent of $560. Protests have erupted across Hungary since the law was passed, and thousands are expected to turn out in defiance at Budapest Pride on 28 June.

Meanwhile, other draft legislation is making its way through parliament that is reminiscent of Russia’s “foreign agent” law – the Transparency of Public Life bill, if passed, would allow the government to penalise and ban dissenting voices and critics deemed detrimental to Hungary’s national interests, including the press and NGOs.

Hungary’s recent actions not only contravene the ECHR, but also the European Union’s (EU) policies around democracy and human rights, as laid out in its treaties and the EU Charter of Fundamental Rights, of which its 27 member states are meant to abide by.

But the political tide appears to be turning. Hungary is clearly moving further and further away from the fundamental values of the EU, and many member countries are growing frustrated with the Central European state, and with the European Commission for not taking strong enough action.

This week, 17 EU countries, including France, Germany, Ireland and Spain, signed a declaration expressing their concerns and dismay over Hungary’s anti-Pride law. They have called on Orbán to revise it, and have asked the European Commission to take legal action against Hungary if it does not do so.

Michael McGrath, the EU commissioner responsible for democracy, said this week the “willingness is there” to take action against Hungary, and that a “comprehensive analysis of the relevant legislation is underway now”.

But so far, retribution for Hungary’s actions has been negligible. The European Council has discussed Hungary’s rule of law violations seven times in the European Parliament since 2018, but has never taken the next step in the process, which would allow member states to vote on sanctions against Hungary.

There have been some financial penalties, but relations between the EU and Hungary are likely complicated by the need for cooperation against Russia’s full-scale invasion of Ukraine. In December 2022, the European Commission froze €30 billion ($34 billion) in funds to Hungary, after the country’s failure to address concerns around democracy and the rule of law; a year later, a third of these funds were unfrozen, with speculation that Orbán was threatening to impede the EU’s actions in supporting Ukraine.

Patience with Hungary amongst EU nations appears to be wearing thin. The question is: how long will Orbán’s impunity be allowed to continue, and what example does this set for other EU countries wishing to replicate his methods?

What does Tusk’s victory mean for oppressed groups in Poland?

The confirmation of Donald Tusk as Poland’s new prime minister, ending the right-wing Law and Justice (PiS) party’s eight year spell in power, offers cautious optimism that freedom of expression for the country’s minority groups will be better protected. Tusk’s appointment follows October’s parliamentary election, in which a broad coalition of opposition parties secured the majority of votes needed to form a government, which was officially voted in by MPs in December.

Throughout the eight years the PiS spent in power, freedom of expression in the country was continually eroded. Minority groups were targeted through strict legislation and judicial reform, while the party also tightened their grip on the media and encouraged far-right extremism

One of the worst affected groups were LGBT+ people. In 2023, Poland was named as the worst country for LGBT+ rights in the EU in a report by watchdog ILGA-Europe for the third successive year. This is no surprise given the homophobic rhetoric pushed by the country’s leaders in recent years: PiS leader Jarosław Kaczyński claimed that LGBT+ people “threaten the Polish state”; former education minister Przemysław Czarnek likened what he called “LGBT ideology” to Nazism; and in 2019, Krakow’s archbishop described LGBT+ rights as a “rainbow plague”.

Spokesperson for the Love Does Not Exclude Association, a national non-governmental organisation fighting for marriage equality in Poland, Hubert Sobecki told Index that the organisation views the new government with “a mixture of hope and anxiety”.

They are hoping that the new Tusk-led coalition will pass laws legalising same-sex marriage, a concept that Sobecki explained is still seen as “radical” in the state, as well as addressing other issues such as same-sex parenthood and rising hate crimes, although he accused the polish leader of “slaloming” around these issues in the past.

“I do expect some actual specific concrete changes being made, legislative changes,” Sobecki said. “The current prime minister, Mr Tusk, we know him, we have a history, let’s call it that. He was quite reluctant to be remotely close to an allied position.”

It is clear that change won’t happen overnight. Eight years of the PiS in power has seen anti-LGBT+ sentiment rise throughout the country, with pride parades being targeted by violent counter-protesters and some regional governments passing resolutions to effectively make areas of the state an ‘LGBT-free zone’.

Sobecki’s descriptions of life in Poland in recent years paint a shocking portrait of the lived reality of LGBT+ people, who faced near constant abuse and discrimination in the state. He told of the increasing wave of people within the LGBT+ community who are struggling with mental illness, and those who have even had to migrate as a result of their treatment. During one incident, Sobecki recalled activists being targeted by police during a peaceful protest in Warsaw. “They were basically attacked, they were dragged on the pavement. Some people needed medical attention, some of them were molested after they got arrested. It’s mind-numbing,” he said.

However, Sobecki suggested that while the situation is bad, such incidents have also served to show just how much things needed to change. “It created a huge wave of support from people who thought ‘it’s too much’”, he explained. “After several years of this hate campaign being run, they can’t really shut it out anymore, they can’t remain blind to it.”

When asked whether he believed legislation would be enough to secure equality for LGBT+ people, Sobecki agreed that changed attitudes were as important as changed laws. 

“What you need on the social level is visibility, storytelling techniques, constant campaigning, presence, representation, from the micro level of having dinner with your grandparents to the macro level of securing proper coverage on the main news channels,” he said. 

However, there was still confidence that the government would make a difference. “What they can do is stop the hate in the public media. That is going to be a huge game changer,” he said. “You have millions of people who only watch one or two channels, who are effectively brainwashed. This change will be massive if it happens.” 

Sobecki also pointed to moments, such as the recent ruling made by the European Court of Human Rights that Poland’s lack of legal recognition and protection for same-sex marriages breaches the European Convention on Human Rights, as evidence that progress is being made, albeit slowly. 

“It was something that we’ve been working on for eight years, because those guys do take their time!” he said. “We knew that this was a message for the new government because the courts are savvy like that. We managed to get some responses from members of the new government who said ‘yes, this is a clear sign that we need to make a change’”.

The election results are also likely to be welcomed by proponents of women’s rights. During their years in power the PiS clamped down on reproductive rights in Poland, ending state funding for IVF and enforcing a prescription requirement for emergency contraception. Most significantly, Poland’s Constitutional Tribunal, an institution which critics say is heavily politicised by the PiS, implemented a near-total ban on abortion in the country in 2021, with the only exceptions being instances of rape, incest or a threat to health. As a result of this ruling, doctors and others who help women terminate pregnancies may face up to three years in prison, rising to eight if it occurs after the point of viability. These actions, which the PiS say have been made in an attempt to boost fertility rates and promote Catholic values, have had a disturbing effect on women’s freedoms in the state. Just this year, Polish activist Justyna Wydrzyńska was sentenced to 8 months’ community service for helping a pregnant woman to access abortion pills in what Amnesty International described as a “depressing low in the repression of reproductive rights in Poland” which serves as a “chilling snapshot of the consequences of such restrictive laws”.

Sobecki spoke about the need for change across all areas of society, as he argued that the PiS “weaponised the state” against a variety of social groups. “They basically attacked women’s rights openly as part of their agenda,” he said. “There’s a lot of pressure and expectation from the public for change, for something new, for something that is progressive.”

However, there are still concerns that even without PiS in power, the new Tusk-led government will not do enough to protect these rights. One feminist activist, Jana Shostak, was dropped by the opposition alliance after voicing support for wider abortion rights. She told the Guardian that her trust in Tusk to fight for women’s rights is “limited”.

There are concerns that the new government will resist calls for more progressive protections on rights and freedoms in an attempt to placate conservative voters. These worries extend beyond women and LGBT+ rights to immigration; Tusk warned of the “danger” of migrants and called for stricter border controls during a campaign speech which was denounced as racist and xenophobic by human rights NGOs.

The PiS being ousted from power sparked hope, but action from the new government to prevent women and minority groups from being silenced and threatened is much-needed. Sobecki vows to keep fighting: “At some point you just think it’s such a mess, what can you do? You just keep on doing what you’ve been doing, showing actual faces, actual people, telling their stories, trying to be hopeful that somehow it manages to get through.”

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