The Commonwealth of Australia Constitution Act 1900 (UK) does not explicitly protect freedom of expression. However, the High Court of Australia has held that an implied freedom of political communication exists as an indispensable part of the system of representative and responsible government created by the Constitution. It operates as a freedom from government restraint. 

In Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 and Australian Capital Television Pty Ltd v the Commonwealth (1992) 177 CLR 106, the majority of the High Court held that an implied freedom of political communication exists as an incident of the system of representative government established by the Constitution. This was reaffirmed in Unions NSW v New South Wales [2013] HCA 58.

Categories: Law

0 Comments

Leave a Reply

Your email address will not be published. Required fields are marked *