Harley Wishart

I am investigating whether new legislation in the UK has created a 'chilling effect' on activists, and if it has created or exacerbated a 'discriminatory impact' on protest policing.

The ‘right to protest’, as enshrined for example in the freedoms of expression and assembly of the European Convention on Human Rights, is fundamental to deliberation and governance in a liberal democracy. Yet, the UK government has sought to significantly ‘rebalance’ the scope of protest rights.

A series of new laws, policy instruments and public regulations, as well as court rulings, have generated considerable controversy. Much of the critical commentary so far has pointed out that the new regulatory landscape is ever more restrictive and specifically risks criminalising marginalised communities. Acting as a deterrent to the exercise of protest rights, recent and proposed government policies may therefore lead to a ‘chilling effect’ on democratic participation.

This research aims to examine the ‘chilling effect’ thesis. It seeks to understand whether the increased likelihood of criminalisation represents a real-life barrier to public participation in a democratic society. It aims to discover if activists have made decisions to change their ‘protest’ behaviour in response – whether through inhibiting participation, increasing participation, or seeking alternative forms of ‘counter conduct’. It also seeks to explore the differential impacts of the new protest restrictions on political activists from diverse socio-economic and demographic backgrounds, and whether the prediction that these regulations would have a ‘discriminatory impact’ against people and groups that are more likely to be criminalised has manifested in reality.

As a qualitative study, the research will explore (through fieldwork and interviews) how activists make sense of the new restrictions placed upon them and how their protest behaviours might shift in response. The findings will generate a UK evidence base to contribute understanding of an international trend to limit the ‘right to protest’ and they will inform strategies of democracy campaigners and civil liberties advocates.

I have been awarded doctoral funding from the ESRC to complete the work as part of the South Coast Doctoral Training Partnership.

If you are interested in participating in interviews for this project, please contact me at [email protected]