Freedom of Speech By Country - Australia

Australia

Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at common law per Australian Capital Television Pty Ltd v Commonwealth.

In 1992 the High Court of Australia judged in the case of Australian Capital Television Pty Ltd v Commonwealth that the Australian Constitution, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system. This freedom of political communication is not a broad freedom of speech as in other countries, but rather a freedom whose purpose is only to protect political free speech. This freedom of political free speech is a shield against government prosecution, not a shield against private prosecution (civil law). It is also less a causal mechanism in itself, rather than simply a boundary which can be adjudged to be breached. Despite the court's ruling, however, not all political speech appears to be protected in Australia and several laws criminalise forms of speech that would be protected in other democratic countries such as the United States.

In 1996, Albert Langer was imprisoned for advocating that voters fill out their ballot papers in a way that was invalid. Amnesty International declared Langer to be a prisoner of conscience. The section which outlawed Langer from encouraging people to vote this way has since been repealed and the law now says only that it is an offence to print or publish material which may deceive or mislead a voter.

The Howard Government re-introduced sedition law, which criminalises some forms of expression. Media Watch ran a series on the amendments on ABC television.

In 2006, CSIRO senior scientist Graeme Pearman was reprimanded and encouraged to resign after he spoke out on global warming. The Howard Government was accused of limiting the speech of Pearman and other scientists.