Free speech - front lines in Australia - [personal at bernardgaynor.com.au: Update: battle for free speech]

Zenaan Harkness zen at freedbms.net
Thu Sep 8 16:08:17 PDT 2016


On Thu, Sep 08, 2016 at 10:41:45PM +0000, jim bell wrote:
> Sounds like Australia needs the equivalent of America's First
> Amendment guarantees of freedom of speech and press.But then again,
> that's the same problem Britain has:  They don't have a written
> Constitution.          Jim Bell

Actually, we do have a written constitution, but for reasons unknown,
they did not put in the USA amendments when reviewing the USA
constitution.

Our constitution is Clause 6 to the British Act, "An Act to Constitute
the Commonwealth of Australia".

And what most Australians don't know is that we also have a bill of
rights.

A written bill of rights.

It is the old english imperial act, William & Mary Cess, commonly known
as The Bill of Rights 1688, or the English Bill of Rights etc.

This bill of rights is current law in every state in Australia.

But it too does not speak to the right to free speech.


HOWEVER, we do have rather strong free speech precedents, in our highest
court The High Court of Australia, where it is firmly upheld that for
the "democratic form of government as detailed in the constitution" to
exist, unambiguably implies the right to communication on political and
related matters.

AND Australia politicians also have parliamentary privilege (I that's
the same in the USA).

Which is kind of a loop hole, and one well used by politicians, and well
supported by our courts.


So that's an obvious loophole - every Australian could join a political
party, and claim privilege, even outside of parliament. I think there
are also specifically outside-of-parliament political discussion
"privileges" enshrined in precedent, but either way, in Australia, it's
a no brainer as we say.


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