Know Your Rights While Protesting
Information and resources to help you understand your rights while protesting. Inspired by the work of the Irish Council for Civil Liberties.
The State is obliged to protect your right to protest, no matter what you protest about
Calling for violence or deliberately stirring up hatred against certain groups is illegal.
As a general rule, protests can be restricted to protect:
- the rights of others;
- public order; or
- national security.
But restrictions on protest must:
- be necessary;
- be as limited as possible;
- treat everyone equally – that is, the restrictions must not be discriminatory.
During a protest, Gardaí may intervene (get involved) if they think there is or will be a breach of the peace or if they think the protest is causing too much disruption to other people or to traffic. They may do this if protesters:
- block traffic for a very long time and traffic cannot be diverted onto another route;
- affect public health and safety by, for example, blocking ambulances.
You don’t have to tell Gardaí about your protest
Under our Constitution and human rights law, Gardaí must facilitate peaceful protests.
You can generally protest in any public space
Some places are semi–private, but the public have a general right of access. Examples are shopping centres and football stadiums.
In these places, there may be rules that restrict certain types of peaceful protest.
For example, certain signs may not be
allowed during football games if the signs might be offensive.
Gardaí can move you on if they suspect you are in breach of the Public Order Act
If you refuse to move on when a Garda has told you to, this can be considered an offence in itself. However, the Gardaí must always balance the disruption caused by your protest against your fundamental right to protest. It is always better to comply with a direction from a Garda and inform a solicitor later if you think it was wrong.
Your right to protest is protected only when you are peaceful
If you remain peaceful when others around you do not, you still have a right to protest.
Violence or disorder that coincides with the protest but is not part of the protest will not remove the protection of the law from the protest. This means that even if some people engage in violence, the peaceful protesters still have a right to continue their protest.
Trespass on private property is criminal if you cause fear or damage or intend to commit a crime
You can record your protest. The Gardaí are more restricted
Protesters are entitled to take recordings in public spaces, and of gardaí. If a garda suspects you of planning to commit or having committed a crime, they may record you specifically. Under no circumstances can gardaí use recording as an intimidatory tactic.
A different set of rules applies to audio or visual recording by Gardaí. As a public body, Gardaí must comply with (follow) human rights law, including the law protecting your right to privacy. While Gardaí can watch protests, they cannot record everyone taking part in a protest for no reason as this interferes with their privacy. Broad surveillance that is not targeted at individuals is not compatible with the right to privacy.
You don't have to give your name to a Garda unless they tell you the offence they suspect you of committing
A Garda can only arrest you if they have a reasonable suspicion that you have committed an offence
If you are arrested, you must be told you are under arrest and the reason for that arrest
It is extremely unwise to resist arrest. You should contact a solicitor as soon as possible. A Garda may physically restrain you if you are under arrest but must use the least amount of force possible to make the arrest.
If you attend a Garda station voluntarily to assist Gardaí, you can leave at any time.
You are only obliged to give a DNA sample if you are arrested for a serious crime
The crime must have a five-year sentence or more. It must be authorised by a Garda of the rank of Sergeant or above, and you must be told that it has been authorised.
Gardaí cannot take an intimate DNA sample without your consent. Examples of intimate samples include blood, pubic hair or urine.
After you give your name and address, you have a right to remain silent. In some situations, remaining silent may count against you in a trial. An example is if you are arrested for a crime that would attract a prison sentence of five or more years. But remaining silent can never be used to prove your guilt on its own.
Contacts
If you are arrested, you have a right to contact a solicitor. If you are a witness to a crime, you have a right to contact a solicitor. If you are a victim of a crime, you have a right to contact a solicitor.
Complaints
You can make a complaint to the Garda Síochána Ombudsman Comission (GSOC) about the behaviour of a Garda if 1) it has affected you directly, 2) if you were a witness to the behaviour or 3) on behalf of someone else if you have their permission.
You must complain within six months of the incident taking place unless you have a good reason for the delay
150 Upper Abbey Street, Dublin 1
Lo-call: 1890 600 800
Email: info@gsoc.ie
Legal Advice
You can seek legal advice from a solicitor if you have a legal query or require legal guidance or representation in legal proceedings or need assistance with legal documentation.
You have a right to a lawyer if you are brought to court by the Gardaí and if you cannot afford one a lawyer will be given to you by the judge under the Criminal Legal Aid Scheme (often referred to as Free Legal Aid).
The Legal Aid Board is responsible for legal aid if people can’t afford legal assistance.
Head Office: Quay Street, Cahirciveen, Co. Kerry
Tel: 066 947 1000
Email: info@legalaidboard.ie
Free Legal Advice Centres (FLAC) works towards achieving social justice. The organisation works across a range of issues and provides some basic, free legal services to the public.
85/86 Dorset Street Upper, Dublin 1, D01 P9Y3
Tel: 01 874 5690
Lo-call: 1890 350 250
The Law Society of Ireland is the representative and regulatory body for solicitors. If you are looking for a solicitor or have a complaint about your solicitor, you can contact the Law Society.
Blackhall Place, Dublin 7
Tel: 01 672 4800
Email: general@lawsociety.ie
Disability Rights
The National Disability Authority is the independent state body that provides expert advice on disability policy and practice to the Government.
25 Clyde Road, Dublin 4
Tel: 01 608 0400
Email: nda@nda.ie
The Disability Federation of Ireland (DFI) is a national support organisation for over 130 voluntary disability organisations in Ireland who provide services to people with disabilities. The DFI provides a range of services, including information, training, research and advocacy.
Fumbally Court, Fumbally Lane, Dublin 8
Tel: 01 454 7978
