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Further implications
Some of those activists concerned about the impact of harsher laws against direct action protest have voiced concern that this may mark the end of such forms of protest.Sydney Criminal Lawyers have underlined the extent of the difference between former laws penalising this type of protest and those that now apply. In a comment posted on April 2, 2022, they stated, 'So, now, we're talking about actions that used to trigger fines of $440 or $2,200 carrying penalties of up to two years' imprisonment and/or a $22,000 fine.'
Long-time environmental activist Bob Brown, who is the former leader of the Greens and served as a federal Senator for Tasmania for 16 years, has warned that many of the successful and ground-breaking conservation protests of the past would not be possible under today's legislation. The same point has been made by Greg Barns SC of the Australian Lawyers Alliance, who has stated, 'There's no doubt these laws would certainly have had an adverse impact on bringing to the public's attention the Franklin Dam issue and, for that matter, a range of issues that have been brought to prominence in the public's mind because of protests.' There are those who believe that if such forms of protest were stopped this would mark the end of the issues, especially climate change action, that these activists support.
It is certainly the case that where an activist group is attempting to stop the clearing of an old growth forest or the demolition of a conservation-status building or the flooding of a river system, if they are unable to physically shield or protect what they are trying to retain then it will be lost. In the larger scheme of things, however, it is less certain that disruptive direct action is the best means of achieving any protest movement's desired ends. Interestingly, it appears that one of the major climate protest action groups in the world over the last five years, the original British Extinction Rebellion (XR) group, has decided to change its tactics, moving away from disruptive direct action. Rather than continue to take action that attracts attention through promoting disorder, the group has decided to try to expand its membership and so its influence.
On December 31, 2022, it tweeted, 'This year [2023], we prioritise attendance over arrest and relationships over roadblocks, as we stand together and become impossible to ignore.' The group wants to educate many more people and draw them into what it calls Citizen Assemblies. As their numbers grow, they hope to draw large numbers of people to take more moderate but unignorable action. They have called a rally for April 21, 2023, at which they want 100,000 people to surround Parliament House in London.
This is a direct appeal to the power of democracy, seeking to show the country's politicians, by the sheer force of numbers that further inaction is not acceptable and that the electorate demands change.There are those who believe that this is a misstep likely to lose XR public credibility and lead the British government to simply disregard them.
Certainly, if there is a poor turn-out on April 21, it will be difficult for XR to regroup. On the other hand, however, there is concern that although XR and other groups like it have succeeded in drawing public attention, they have been less successful in drawing public support. A recent YouGov survey found that though 75 percent of those surveyed had heard of Extinction Rebellion only 18 percent liked or approved of what they were doing, while 41 percent disliked or disapproved of their actions.
Part of XR's change of tactics appears at least in part a response to harsher criminal penalties either already in place or about to be instituted in Britain. The group's tweet acknowledges the potential effect of its members being imprisoned for significant periods. It stated, 'In a time when speaking out and taking action are criminalised, building collective power, strengthening in number and thriving through bridge-building is a radical act.'
There is no sign, currently, that Australian climate change activists are moving in the same direction as Britain's XR. On November 7, 2023, Bob Brown was arrested resisting logging in a swift parrot habitat at Snow Hill in north-eastern Tasmania. The swift parrot is listed as endangered under Tasmania's Threatened Species Protection Act. As of December 8, 2022, Brown had yet to face court and did not know what charges or potential penalties he might face. Brown claims that Australia's young environmental are unlikely to be daunted by the new legislation. He stated, 'What they want us to do is stand uselessly on the side with placards while they drive their bulldozers into the forest... If they think we're going to be intimidated by legal threats, they've just misjudged these young people. There's a rising tide I haven't seen since the 1960s.'
Only time will tell the impact on protest movements of the changes in laws and penalties being instituted in Australia and overseas.