The briefing addresses the growing global trend of criminalizing dissent, with a particular focus on civil disobedience and the use of criminal law to crackdown on human rights defenders, activists, and journalists. It documents how governments and corporate actors weaponize vague or overbroad criminal provisions, counter-terrorism measures, and defamation laws to silence opposition, and how such practices undermine civic space and accountability. 

Drawing on case studies from Argentina, Australia, Belgium, Canada, Chile, Colombia, France, Indonesia, Peru, South Africa, Switzerland, Thailand, the United Kingdom, and the United States, the briefing analyzes the threats faced by human rights defenders and outlines concrete strategies to resist and counter criminalization at different stages of the legal process.

Specifically, the briefing outlines legal, policy and advocacy strategies that have sometimes prove successful in countering the criminalization of dissent in three phases of criminal legal systems:

• Before charges are pressed: including prosecutorial discretion, alternatives to prosecution, judicial review.
• During criminal proceedings: including the necessity defence,  freedom of expression, right to a healthy environment, protections against defamation and SLAPPs.
• At the sentencing stage: mitigation arguments, recognition of marginalization, non-custodial measures

The briefing features 11 case studies that illustrate specific strategies, including:

• CASE 1: Alternatives to prosecution in Argentina.
• CASE 2: Judicial review of protest restrictions in Colombia.
• CASE 3: Environmental activists acquitted for blocking roads in Le Havre, France.
• CASE 4: Belgian activists shielded by freedom of expression.
• CASE 5: Acquittal of climate activists for highway blockade in Paris, France.
• CASE 6: Activists acquitted for minor property damage in Bordeaux, France.
• CASE 7: Chilean court recognizing the right to a healthy environment in opposition to public works.
• CASE 8: Acquittal of environmental defender Daniel Tangkilisan in Indonesia.
• CASE 9: Andy Hall’s acquittal for defamation in Thailand through a “good faith” defence.
• CASE 10 LuxLeaks and the protection to whistleblowers by the European Court of Human Rights.
• CASE 11: The South-African Constitutional Court recognizes an anti-SLAPP defence

Developed together with Amnesty International, APCOF and Suaram, under the Campaign to Decriminalize Poverty, Status and Activism, this briefing situates decriminalization efforts within a broader global struggle to protect civic space, challenge punitive laws, and advance human rights. In addition to legal strategies, it emphasizes the role of advocacy, campaigning, and transnational solidarity in strengthening protections for human rights defenders. It is intended as a practical tool for lawyers, activists, and civil society organizations engaged in countering criminalization, offering comparative legal arguments, case law, and examples of resistance that can be adapted across diverse contexts.