Many of our clients are surprised to learn that Australians are not expressly afforded a Freedom of Speech and are not afforded the fundamental legal protection recognised internationally. Australia does not have an explicit law affording Australian’s with the protection of freedom of speech in the Australian Constitution, although the case law has been significantly dealt with.
The right to the Freedom of Speech is preserved in the United NationsUniversal Declaration of Human Rights. Likewise, the Courts have recognised that an implied Freedom of Speech exists in Australia, despite the Commonwealths resistance to legislate.
There is little doubt that there is an implied right of freedom to communication allowing people to exercise a free and informed choice as electors. This implied right, however, does not confer personal rights on individuals and precludes the curtailment of the protected freedom by the exercise of legislative or executive power.
If you require assistance regarding the implied right concerning the Freedom of Speech, you should make an appointment to see one of our solicitors by contacting (02) 9233 4048 or sending an email to info@navado.com.au.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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