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Know Your Rights: The Right to Protest FAQ

  • ACRI
  • 39 minutes ago
  • 8 min read

The right to protest is a fundamental right in a democracy, and has been treated as near-sacrosanct under the law. Below is information about the right to protest in Israel: what you are and are not allowed to do, what the police are and are not allowed to do, and what happens if things go wrong. If you are denied the right to protest, we want to hear about it: contact us via our public hotline.


This FAQ was written with the help of Attorney Eden Gilad, ACRI's Director of Freedom of Protest



General Information

Do I need a permit to protest? 

If you are planning a protest, you need a permit if it will take place outside; have at least 50 people; and include a march, speech, or lecture about something related to national security or foreign affairs. If you are planning a protest for more than 200 people, you need to notify or get approval from a representative of the Ministry of the Interior. If you are participating in a protest that needs a permit but does not have one, the police have the right to disperse it. If you’re not sure if the protest has a permit, ask the organizers.  

You are allowed to protest any issue, as long as what you are expressing is not illegal (such as support for an enemy nation or a terrorist organization), or inciting to violence or to illegal activities.  

Yes. The right to protest is a fundamental right, and the courts have consistently upheld the idea that because of its importance the State cannot prevent people from protesting, even during states of emergency. Protests may be subject to greater restrictions than usual, for example, the social distancing limitations that were in effect during the COVID-19 pandemic or Home Front restrictions on activities during wartime (ACRI has appealed to the Supreme Court against these restrictions).  

Yes. The right to protest remains unchanged during Shabbat and holidays.  

Yes. The police are not authorized to prevent protests just because they are against the police or government actions. The police are also not allowed to confiscate, tear up, or vandalize signs with anti-government or anti-police messages. 

Yes. Waving the Palestinian flag is legal, both in general and at protests. Police guidelines specify that they may confiscate the Palestinian flag at a protest only if there are indications that it is being used to identify with a terrorist organization, or if there’s a real risk that it will cause serious harm to the public peace. 

Yes, but noise at a protest is subject to the same noise restrictions as any other source of noise, namely the limitations on loud noises in residential areas during specific afternoon and nighttime hours.  

You can protest in front of an elected official or high-ranking public figure’s home, but only if you do not have an effective alternative place to protest, i.e, in front of their office or place of public activity. Even in that case, the protest near the home must still be some distance away from it, in order to balance your right to protest with the right to privacy of the public figure and their family and neighbors.  

You are allowed to ask the police to block off roads for your protest, but protesters are not allowed to block roads.  

Yes. There is no rule preventing you from covering your face at a protest. Note that if you are arrested, the police are authorized to remove the face covering.  

You cannot make illegal statements or incite violence or illegal activity, make loud noises during restricted noise hours, or block roads without police authorization. Additionally, you cannot damage public or private property, and you cannot harm people or infringe on their rights beyond what is considered reasonable for protesting (for example, you can make noise but you can’t blast incredibly loud noises directly into a home or in someone’s face). Protesters are also required to abide by any conditions which the organizers have agreed to with the police.


Police Issues

Can I photograph or video police at a protest? 

Yes, and police are not allowed to prevent you from doing so, arrest or threaten to arrest you for it, or take away or break your phone or camera. All they are allowed to do is tell you to step back if you are documenting them in a way that obstructs their ability to perform their duties (for example if you are filming them from inches away while they are arresting someone). 

Yes, but the ability of police to photograph or video civilians at protests is limited and can only be done for specific reasons. These include operational management, deterrence against crime, ensuring police restraint, collecting evidence for criminal investigations, verifying and managing complaints against police, and transparency. This means that they cannot simply film an entire protest or every person participating in it. Additionally, documentation needs to be done with police cameras. Police are allowed to use their personal phones or cameras only if they do not have a police camera or the one they have is insufficient, and only for operational needs or collecting evidence. Unfortunately, police often disregard these rules and photograph and video protesters on their personal phones. ACRI has petitioned the Supreme Court to bar the practice and ensure enforcement.  

Police are only allowed to demand identification for specific reasons. These include needing to verify your age, to determine whether you are a citizen, if they need to give you immediate aid, if they have reason to suspect that you are a person the police are searching for, or if they have authorization under a particular law. They do not have the authority to demand that someone identify themselves just for being at a protest or engaging in legal protest activities.  

No. Police are required to be identifiable when fulfilling their official duties, meaning they must have an uncovered face and be wearing a name tag. They are only allowed to cover their faces under specific circumstances; unfortunately, the rules defining those circumstances have not been disclosed to the public.  

Yes, and they are obligated to identify themselves with their name and badge number, and show their police identification card, unless they are in a situation in which they cannot answer immediately. Police are also obligated to wear their name tags at all times unless they are undercover (the issue of undercover police and its misuse during protests is also an issue that ACRI is pursuing). 

Police are allowed to demand that the organizers of a protest that requires a permit submit a request for one. They are also allowed to place limitations on a protest, including a protest that does not require a permit. They are not allowed to interfere with the content or messaging of the protest, or deny people the opportunity to protest except under extreme circumstances.  

Police are allowed to maintain public order, including preventing any violence on the part of protesters, counter-protesters, or other civilians. They are allowed to block off roads for the protest, and to separate protesters and counter-protesters. They are allowed to detain or arrest people suspected of criminal activity, and to disperse a protest if it needs a permit and does not have one, or if protesters are breaking the law or violating the conditions placed on the protest.  They are not allowed to disperse a protest or to detain or arrest people for no reason or for unsubstantiated reasons. They are not allowed to confiscate signs or flags outside of specific circumstances (mainly if the messages are incitement to violence or illegal activity). They are not allowed to use violence, and even when dispersing or arresting protesters they are not allowed to use any unnecessary force. 


Arrest and Police Misconduct

What should I do to prepare in case I am arrested at a protest? 

Organizers and other protesters should save the phone numbers of legal aid organizations that represent protesters who have been arrested. These include the Human Rights Defenders Fund (קרן מגיני זכויות האדם - קז”א), Adalah (עדאלה) and the Protest Detainee Legal Support Front (מערך עוטף עצורים). That way, when protesters are arrested, other protesters can immediately get in touch with lawyers who will go to the police station to represent them.

  

If you have cause to fear that you will be arrested or face police violence (for example, because police tend to target protests like the one you are going to), keep in mind that people arrested at protests are almost always released within a few hours and not charged with anything. That said, you should prepare in advance, just in case. Wear pants, long sleeves, and closed-toe shoes so that you are not hurt if you are pushed or tackled to the ground. Bring water and make sure to drink during the protest. Bring any medications you may need later in the day. Make sure your phone is locked with a password.

  

Before the protest, organizers should designate people who will be responsible for documenting the event. As a protester, if you are going with a group, your group should decide ahead of time on people who will be responsible for documentation. These people should film the protest from multiple angles, to counter any claims made against the protesters later on (for example, if police later claim that they made arrests because protesters were being violent, you can present video evidence that they were not).  

Don't panic! You will almost certainly be released within a few hours and will not be charged with anything. Beyond that, remember that you have the right to remain silent, so do not talk to the police before you talk to a lawyer. Only tell the police the bare minimum: your name and I.D number when asked; if there is a lawyer coming to represent you; and/or if you need medical attention, water, or to use the bathroom. The police are allowed to search you, but this should generally only be a pat-down search; there is essentially no reason for them to do a strip search with partial or complete nudity. Your lawyer will not be allowed to enter the interrogation room with you, but can advise you before you go in.  

Yes, but be aware that you could be deported or have your visa revoked if you are arrested or otherwise considered to have been involved in criminal activity.  



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