Your Rights as a Protester (Overview)
The right to peaceful protest is protected by Articles 10 and 11 of the ECHR (freedom of expression and assembly), incorporated via the Human Rights Act 1998. This is a brief overview of core rights. For a comprehensive guide covering recent legislation, filming rights, counter-terrorism powers, and detailed arrest advice, see our extended guide at /rights/protest-rights-extended.
Last updated: 2026-03-01
Your Rights
Freedom of Assembly
You have the right to gather with others for a peaceful protest. This is protected by Article 11 of the ECHR. The police cannot ban a protest outright — they can only impose conditions. A complete ban on marches requires the consent of the Home Secretary.
Freedom of Expression
You have the right to express your views, hold placards, chant slogans, and distribute leaflets during a protest. Speech that incites violence or racial hatred is not protected.
Right Not to Be Kettled Arbitrarily
The police tactic of 'kettling' must be proportionate and necessary. You should be allowed to leave as soon as it is safe to do so.
Common Myths
You need permission from the police to hold a protest.
You do not need police permission for a static protest. For marches/processions, you must give advance notice (6 clear days) under s.11 of the Public Order Act 1986, but this is notification, not permission.
What To Do
Know Before You Go
Understand your rights before attending a protest. Carry a phone (charged) and the number of a legal support line. Tell someone where you are going.
If You Are Arrested
You have the right to know why you are being arrested and to free legal advice at the police station. Do not resist arrest. Give your name and address but you are not obliged to answer further questions until you have spoken to a solicitor.
Key Legislation
- Human Rights Act 1998
- Public Order Act 1986
- Police, Crime, Sentencing and Courts Act 2022
- Criminal Justice and Public Order Act 1994
- Highways Act 1980
Useful Contacts
Frequently asked questions
- What legal rights protect peaceful protest in the UK?
- The right to peaceful protest is protected by Articles 10 and 11 of the European Convention on Human Rights, which are incorporated into UK law via the Human Rights Act 1998. These rights cover freedom of expression and assembly, allowing individuals to gather and express views, provided the protest remains peaceful and does not incite violence or racial hatred.
- Can the police 'kettle' protesters indefinitely?
- The police tactic of 'kettling' must be proportionate and necessary. According to the case of Austin v Commissioner of Police of the Metropolis, you should be allowed to leave the kettled area as soon as it is safe to do so. This right is linked to Article 5 of the European Convention on Human Rights, which protects liberty and security.
- What should I do if I am arrested at a protest?
- If arrested, you have the right to know the reason for your arrest and to receive free legal advice at the police station. You should not resist arrest. While you must provide your name and address, you are not obliged to answer further questions until you have spoken to a solicitor. It is advisable to carry a charged phone and the number of a legal support line before attending.
- Am I allowed to hold placards and distribute leaflets at a protest?
- You have the right to express your views, hold placards, chant slogans, and distribute leaflets during a protest. This is protected under Article 10 of the European Convention on Human Rights. However, speech that incites violence or racial hatred is not protected by these rights and may lead to legal consequences.