Mounting an effective community campaign requires significant planning and careful Something of value, such as money, given by one person to another person as part of a contract. of many organisational, political and legal issues.
Legal issues permeate the many and varied aspects of campaigning and are not limited to your rights when attending a demonstration. Nor do they simply affect ‘the usual suspects’ who seem to capture the headlines during high-profile protests.
Whether you are expressing concern over freeways, advocating for the rights of refugees and Refuge or protection from persecution, usually in another country. Historically, also a place for the detention and treatment of the mentally ill. seekers, protesting against war or globalisation, or seeking to protect your local park or school, legal issues need to be considered.
This chapter is intended as a basic overview of the legal issues confronted by activists engaged in community campaigning.
Parts of this chapter are drawn from the Activist Rights website (www.activistrights.org.au) published by Fitzroy Legal Formal delivery of legal documents to a person to tell them there are court proceedings against them which they must defend, or to make sure a witness in a case knows when they have to go to court to give evidence.. This website is a comprehensive source of legal information. The site also contains a study of the broader contextual issues to consider when mounting an effective community campaign.
Campaigning often involves voicing concerns in the public arena. However, voicing issues publicly can invite legal action aimed at silencing protest. People who have ‘published’ all types of Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case. – books, reports, leaflets, bumper stickers, posters, who have written letters to their local paper, or have made public statements – have received threats of legal action and some have been sued for civil conspiracy and To damage another person’s reputation by publishing or communicating false statements about them. The old common law distinction between libel (written and published defamation) and slander (spoken defamation) no longer has any legal significance.. For information about the law of defamation, including defences and remedies, see Chapter 11.2: Defamation and your rights.
Activists who choose to assert their rights in the courts also risk incurring expensive legal The amount charged by a lawyer for legal work. Lawyers can only charge the amount agreed with the client in a costs agreement or the amount stated by a court in its rules. The party who loses a case usually has to pay all their own costs plus most of the costs reasonably incurred by the other side. See also indemnity costs.. In some public interest cases, a cap on costs has been negotiated in the early stages of Court proceedings about a civil dispute (not a criminal case)..