Freedom of Speech In Australia.

free speach

Is Freedom of speech a constitutional right in Australia?

Free speech in Australia is not explicit within the constitution of Australian law like it is in the USA.

This creates confusion on weather it actually exists. The short answer however is that it does exist, but it is limited.

In 1992 the High Court had to consider whether there was an implied Constitutional right to free speech in regards to governmental and political affairs.

The majority in the High Court held that there was indeed an implied freedom of political communication in the Constitution, basing their decision on the representative nature of our democracy. Without free speech our political process does not work.

This of course does not mean the freedom of speech is limitless, however it does exist within the constitution of Australian law when applied to political engagement in public.

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