Can universities punish protesters? Student rights explained, as court allows Gaza protest camp removal

• The right to freedom of assembly and to protest are protected in UK law.
• Universities have a legal responsibility to protect freedom of speech.
• Every university should have a code of practice in place, that includes guidance around protests.
• But committing a criminal offence while protesting could still see students charged - and there are a wide array that can apply.

University students are famed for their activism, but taking part in protest action has recently landed some in hot water.

Last week, the High Court ruled that Gaza protest camps set up by students at Birmingham and Nottingham universities were trespassing, and said the universities could remove them. The students had initially objected to being evicted, the Guardian reports, as they said it would infringe on their rights to freedom of speech and assembly.

This is far from the only global cause British students have rallied around in recent years, with some joining climate action groups like Just Stop Oil, and thousands marching against government cuts to education spending.

But what exactly are your legal rights when it comes to protesting as a university student, and how does that change when demonstrating on campus? Here’s what you need to know:

Your right to protest - and what the law says

The European Legal Support Center and UK human rights organisation Liberty teamed up to write a guide for English and Welsh students around protesting at university earlier this year.

Everyone has the right to protest, and this right is protected under Article 10 of the European Convention on Human Rights. Article 11 also protects the right to freedom of assembly - or to gather peacefully with others in a group to express or defend their ideas. These rights are enshrined in UK law under the Human Rights Act 1998, which requires “public authorities” to act in a way that is compatible with your rights. It also allows protesters to bring a claim in UK courts if their rights are violated by a public authority.

Unless you attend a private university, your university is considered a public authority under the act. But this isn’t a free-for-all, and universities are still able to restrict these rights. To do this, they need to be acting proportionately, in accordance with the law, and be doing it for a legitimate reason - which can include preventing crime or disorder, or protecting the rights and freedoms of others.

There are a few other laws which universities must comply with. These include the Education (No. 2) Act 1986 and the Education (Freedom of Speech) Act 2023 - both of which put a legal duty on universities to ensure freedom of speech - and the Equality Act 2010, which makes it illegal to discriminate against students based on their philosophical beliefs.

What are the laws around campus occupations and protests?

Students involved in a campus occupation - like the Gaza invasion encampments across the UK - or protesting at a university are likely to hear mention of trespass. Trespass itself is not a criminal offence, but if a demonstration is taking place on private or university-owned land, the landowners can in theory go to court to get you removed.

A senior police officer is also able to give a direction for protesters to leave if they are considered to be trespassing and the owners have already tried asking them - or if they are causing damage or disruption, or using threatening or abusive language. If you don’t comply with this, it may be considered a crime.

There are a number of criminal offences outlined across a number of different crime and public order laws which may also be applied to protesters on campus. These may also see police direct activists to leave - or potentially even see them arrested or charged.

These charges can sometimes result in fines or even jail time. These include aggravated trespass, or trespassing which is obstructing or disrupting other people’s lawful activities; public nuisance, which is doing something that obstructs the public in the exercise or enjoyment of their rights; and causing harassment, alarm or distress - which can involve using either threatening language or disorderly behaviour near someone who could be intimidated.

It is also worth noting that the government last year enacted the new Public Order Bill, which has bolstered police powers against certain types of protest activity. These included making a number of protest tactics criminal offences, including ‘locking on’ - where activists attach themselves to structures or to each other; or interfering with key national infrastructure - which can include slow marches on roads.

The police commissioner or other senior police may also be able to ban a protest if they believe it could cause “serious disruption to the life of the community” or “significant damage” to important land, buildings or monuments. People who attend banned protests can be fined.

If you are charged with any of these crimes, you will have the right to try and fight it in court. But often if protesters don’t break any laws, it won’t go that far. Especially in the initial stages of an occupation, protesters are more likely to see a lot of campus security staff around. But they are not police, and are not able to enforce laws in the same way.

Campus security have the same rights and responsibilities as any other member of the public, meaning they can only use force if it is justified - such as stopping someone committing a crime - and isn’t excessive. They may, however, be able to carry out a citizen’s arrest until police get there, and some private security companies do have special permission from police to issue fines.

Can my university discipline me for protesting?

Each tertiary institution will have its own code of practice or conduct for its students, and this could be slightly different from other universities. If you’re a student planning on taking protest action, you should familiarise yourself with your school’s codes - and with any other official guidance it has issued around protest action.

But in general, the answer is yes. If you’re found to have committed a crime or otherwise breached the university’s code of conduct while protesting, you may face disciplinary action from your university.

As an example, in the University of Bristol’s guidance for protesters it says that the institution supports the right of its students to peacefully and respectfully discuss, debate and challenge different positions on global issues, “even if that point of view is difficult to hear”. However, this must always be done within the law, it continues, and on campus, protests must nor interfere with the university’s responsibility to ensure it is a “safe, welcoming and inclusive” space.

“If you are protesting, you must not make other people or groups feel vulnerable (meaning unsafe physically or emotionally) or threatened,” the university says. If the protest gets out of hand and you become involved in “promoting, justifying, inciting (encouraging) or committing violence, damaging property, or affecting the safety of others”, you will be breaking the law and could face severe consequences. Students may also then be subject to the university’s disciplinary proceedings - which can include everything from  a written warning to expulsion.

Bristol, like many others has a list of on-campus protest dos and don’ts, which include informing campus security ahead of time, keeping bullying or threatening language off placards, not causing any property damage, and not blocking paths or university buildings. While it encourages alternative ways of taking action, like petitions or writing to MPs, sticking to university guidance is a good way to avoid trouble with school leadership.

University codes of practice still need to take into account protester’s rights under UK law. If you’re a university student taking part in protest action, and you’d like to find out more about your rights, responsibilities, what to do and where to go for help if you get into trouble, you can check out Liberty’s online resources here.