1) Everyone should have the freedom to choose the location of a protest, and the chosen location should be considered integral to its expressive purpose. States should ensure that protests are regarded as a legitimate use of public space, and not treated less favourably than any other uses. States should, therefore:

a) Allow protests in all public places, including places that are privately owned but are ‘functionally public’, i.e. places that are open to the public and routinely used for public purposes. When deciding whether a place that is privately owned is functionally public, the authorities should consider its nature, geographic position and historical and actual usage;

b) Ensure that protests can take place within sight and sound of their object or targeted audience;

c) Facilitate counter-protests within sight and sound of each other in as much as this is possible and deploy adequate resources to that effect. They should ensure that potential disorder arising from disagreement or tension between opposing groups is not used to justify the imposition of restrictions on the protest;

d) Refrain from imposing restrictions on online protests. In this respect, the internet should be considered a quasi-public place which is routinely used for public purposes.

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