Access by the public to public spaces in Brisbane for the purposes of peaceful assembly

Office of the Lord Mayor

GPO Box 2287

Brisbane Qld 4001

Dear Lord Mayor

I refer to the email to you of Jonathan Sriranganathan dated 8 November 2022 concerning access by the public, to public spaces in Brisbane for the purposes of peaceful assembly.

We endorse the Councilor’s views.

The right to freedom of speech is a fundamental right which the City Council has a duty to facilitate. It should do so by enacting laws and following practices which comply with its obligations under the Human Rights Act.

In our view in a noisy environment like a modern city, effective communication must involve speakers being able to amplify their voices within clear limits that respect the rights of other users of the space.

The Council accepts as a matter of principle and under the Human Rights Act, that the City Council is entitled to impose content neutral reasonable restrictions on the time place and manner in which freedom of speech is exercised in its malls and squares. The City Council is no doubt entitled to impose restrictions to ensure that others in the mall are not harassed or have their enjoyment unreasonably diminished.

To this end the Council is entitled to restrict the use of amplification equipment to ensure that others using the space can do so without undue interference. However, the Council in complying with its duty to uphold free speech should ensure those using public spaces for public events have access to power and where necessary and within its powers ensure that others making noise reduce their noise for the no doubt, in the context, short duration of the event.

We look forward to receiving your comments.