Protesters free to annoy Catholic pilgrims

The Australian Federal Court has ruled against controversial laws banning protesters from annoying World Youth Day pilgrims in a move hailed as a victory for civil liberties.

NSW Premier Morris Iemma said the state government would not appeal today's court decision.

The Federal Court in Sydney took the unprecedented step of partially striking out clause 7.1(b) of the World Youth Day regulations, which made it a criminal offence to annoy pilgrims.

Protesters who refused to cease conduct which was deemed annoying could be fined up to $A5500 (NZ$7000).

Justices Robert French, Catherine Branson and Margaret Stone ruled the clause went beyond the intentions of parliament in passing the enabling legislation.

"We have interpreted the World Youth Day Act on the presumption that it was not the intention of parliament that regulations would be made under the act preventing or interfering with the exercise of the fundamental freedom of free speech," Justice French said.

The clause was declared "invalid to the extent that it seeks to prevent merely annoying conduct", but the remainder of the World Youth Day powers were upheld.

Mr Iemma was quick to point out only two words were struck out by the court, and said the regulations would still achieve the same objective.

"That is, to ensure the people who want to make a point, if it's a protest, can do so, without disrupting the pilgrims or the events," Mr Iemma told reporters as he walked through the city with a group of pilgrims.

He refused to comment on whether the ruling was a declaration the government had gone too far with its laws.

Rachel Evans, one of two activists behind the lawsuit, said the NoToPope Coalition were "emboldened" and would begin peaceful protest immediately.

"We are glad that the court has ruled that we do have the freedom of expression to conduct our political demonstration," Ms Evans told reporters.

"I think it's a major victory for the protest movement."

Coalition members handed condoms to pilgrims as they left the court precinct, receiving a mixed response.

Some international visitors accepted the items, but dropped them with distaste once they realised what they were holding.

Others simply took them good-naturedly and continued on their way.

The coalition plans to hold a series of peaceful actions in coming days, including a rally on Oxford Street on Saturday.

Law Society president Hugh Macken said it was the first time he had seen the Federal Court intervene so rapidly and decisively in state law.

"Happily, it's not illegal to be annoying," Mr Macken said.

"It can only be seen as a victory for civil liberties."

He said the annoyance clause created uncertainty and confusion, "in no small part because it was never debated, thought through or properly discussed" in parliament.

"The government should consider it has had a slap over the wrist," added Stephen Blanks, secretary of the NSW Council for Civil Liberties.

"It's very rare to have laws which, after all, have been drafted by expert parliamentary counsel, struck down by the courts."

The NSW Greens also welcomed the court decision.

"The government pushed this ridiculous and excessive regulation through without allowing the parliament an opportunity to look at it," Greens MP Sylvia Hale said.

"It is quite appropriate therefore that it should have been struck down by the court."

The regulations were implemented by the World Youth Day Co-ordination Authority, a statutory body that was delegated power by the NSW parliament in the World Youth Day Act 2006.

The government was ordered to pay one-third of the protesters' costs.  

- AAP