ipl-logo

Freedom Of Speech In Australia Essay

1667 Words7 Pages

Freedom of Speech in Australia
The Australian Constitution is the set of rules which govern Australia and binding upon society. The Australian constitution provides the power of parliament and, the discretionary power of federal and state government in Australia, roles of the three organs of the government and right or freedom of Australian people which secured under constitution.
Freedom of speech or expression is one of the fundamental human right. Every person have liberty to express their opinion regarding any matter. This right allowing societies development and progress because the ability to speak freely or express opinion is crucial to bring changes in society. According to Rachel Jolley, freedom of speech has always been important …show more content…

Freedom of speech is crucial for democracy in Australia, however, there is nothing written in the constitution that protects Australian people right to freedom of speech. As stated by Sheryl Saunders in her paper The Australian Constitution and Our Rights, in contrast to the Constitutions of most other Western countries, which list a range of rights and provide legal protection for them, the Australian Constitution includes only a small handful of provisions that deal expressly with rights, this is included with the right or freedom of speech which is not provided under Australian …show more content…

In a nutshell we can see that the freedom of speech in Australia is not absolute. The limitation of freedom of speech in Australia is being set up by the common law as well as legislation. For instance, in relation to the criminal law of incitement and conspiracy, and in obscenity and sedition law. Apart from that, free speech and right to political communication cannot be used as a defence for defamation case. This show that even though everyone has right to practise freedom of speech, it cannot be used as a defence or reason for breaching other laws in

Show More
Related
143 Words | 1 Pages

The High Court of Australia had unanimously held that there was an implied freedom of political communication where the Australian constitution consists of a system of responsible governments that can only become effective if Australian citizens have a constitutional right to freely communicated on government and political matters. There are 2 limbs in the test derived from the case of Lange v Australian Broadcasting Commission. CITE The first limb is whether the law burdens the freedom to political communication on government and political matters, the second limb is whether the law is consistent and appropriate towards the system of representative and responsible government. In order to determined whether the law is valid or invalid, if

Read More
122 Words | 1 Pages

In the case of Lange v Australian Broadcasting Corporation (Lange), the High Court ruled that as the development of the common law in Australia cannot run counter to constitutional imperatives, the common law rules of qualified privilege should properly reflect the requirements of ss 7, 24, 64, 128 and related sections of the Australian Constitution. Freedom of speech is not absolute. This can be seen in the First Amendment of the United States Constitution whereby it has been held not to protect all speech like obscene publications or speech inciting imminent lawless action. Australian common law has long recognised limitations to free speech, for instance, those in relation to the criminal law of incitement and conspiracy, and in obscenity

Read More
841 Words | 4 Pages

The freedom of speech is important because it gives us the ability to express our thoughts and opinions. (Cite) Magazine editor, Rachael Jolley said, “ Free speech has always been important throughout history because it had been used to fight for change. When we talk about rights today they would not have been achieved without free speech. Think about a time from the past-women not being able to vote, or the terrible working conditions in the mines- free speech is important as it has helped change these things.” Most people take the freedom of speech for granted because they do not realize how privileged we are to have

Read More
103 Words | 1 Pages

People have the tendency to take the First Amendment for granted, but some tend to use it to their favor. Stanley Fish presents his main argument about how people misuse this amendment for all their conflicts involving from racial issues to current political affairs in his article, Free-Speech Follies. His article involves those who misinterpret the First Amendment as their own works or constantly use it as an excuse to express their attitudes and desires about a certain subject matter. He expresses his personal opinions against those who consistently use the First Amendment as a weapon to defend themselves from harm of criticism.

Read More
446 Words | 2 Pages

In the article, “LSU Professor Fired for Profanity and Sex Jokes, Sparking Free Speech Outcry,” the author Riley Griffin writes to illustrate a unique but uncomfortable situation involving former Louisiana State University professor Teresa Buchanan: A tenured professor at LSU since 2002 - and an elementary education professor prior to her termination - Teresa Buchanan found herself at the unemployment line after an internal investigation by the LSU board of supervisor, in respond to complaints registered by students about Buchanan’s profanity and impropriate comments during class, found Teresa Buchanan guilty of using the F word during class to incite the attention of students; and guilty of making obscene jokes in reference to how active consensual sex activities between husband and wife will decline overtime during the life span of the marriage. The board also concluded that Teresa Buchanan have committed sexual harassment, an act that created a hostile environment

Read More
1090 Words | 5 Pages

Australia should not embed a bill of rights into the constitution, as the United States of America and many other countries have done. The United States of America uses a Bill of Rights, a section of the constitution that is set aside for rights of the people. Australia has uses a mixture of statutory laws, constitutional sections and common law to protect the Australian people’s rights in a superior way, such as having checks and balances to prevent overstepping of power, common law and implied rights, having the flexibility to change or update rights easier than the USA, and the fact that the supreme court and judges in America are extremely politicized, meaning that embedding a Bill of Rights is unnecessary and potentially hazardous. The US places all of its rights into the Bill of Rights, such as the freedom of speech,

Read More
1380 Words | 6 Pages

The Freedom of Political Communication While there is no express protection afforded by the Commonwealth Consitution for a general freedom of speech in Australia, the freedom of communication on matters of government and politics is an indispensible incident of the system of representative government that the Constitution creates. It is implied from the system of representative government enshrined in ss 7 and 24 of the Constitution. The Freedom of Political Communication is not a personal right.

Read More
872 Words | 4 Pages

All five freedoms are very important, but I believe the freedom of speech is the most important. Freedom of speech allows us to speak our mind. It`s the very foundation on what our government runs on. It`s also not healthy to keep our emotions bottled up inside. Free speech allows us to say what we want when we are emotional, which is also very

Read More
993 Words | 4 Pages

Freedom of speech is highly important so everybody could share their thoughts, it does not have to always be a grand idea, it does not have to be good, a person's opinion is their own and nobody could correct them for it. People having the right to speak is important for communication, people uses their words to other to show who they are and what their vision of the world is like. Without our freedom of speech people will not be able to speak their words and build connection with each other. If people were to vow to stay silent like the Chupwalas, society would not be the same as it is

Read More
517 Words | 3 Pages

The Constitution is an important part in protecting the basic human rights of Australian Citizens. Human rights are the basic rights and freedoms to which all human beings are entitled. They are vital parts in protecting the physical, emotional and social wellbeing of everyday Australians. Whilst the Australian Constitution does not include a Bill of Rights stating these freedoms, several rights have been implied from the text and structure of the Constitution. The Constitution has had a huge impact on the way we live, awarding us rights and freedoms that include the right to vote, be educated and choose our religion .These

Read More
607 Words | 3 Pages

The term racism is when people from different cultures are treated differently based on their race. Racism is a disease with endless consequences . Over time it’s shocking that people think that others are different to them only because of their skin colour and culture. Racism has been and still is a prolific evil in the Australian society. Evidence of this includes The Stolen Generation, migrant treatment and social media.

Read More
817 Words | 4 Pages

The fact that one has the right to say and believe is the foundation for democracy to function. If no one dared to say their opinions, then it had become a dictatorship where only one opinion on how society and the country should work had been the “right”. If people dared to express their opinions, they will help improving the society one lives. Freedom of speech gives one the responsibility to consider what fits into different contexts, and it will make us better persons and people. Simply, people will feel safe in the society they live in.

Read More
1487 Words | 6 Pages

Freedom of speech is the right to express or communicate an individual’s ideas, views and opinions without any obstructions or fear of punishment. It is not limited to speech alone, and includes written and other forms of communication such as freedom of press which gives one the right to question, criticize and voice their opinions. Freedom of speech (or expression) is a fundamental human right which is also recognized by the constitution of India. The constitution of India guarantees individual rights which are stated in articles 19, 20, 21 and 22.

Read More
965 Words | 4 Pages

Every government do restrict the freedom of speech to certain extend such as speech related to slander, pornography, copyright violation, sedition, libel, classified information are limited in Malaysia, But there are some cases in Malaysia, where government does

Read More
1026 Words | 5 Pages

As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.

Read More

More about Freedom Of Speech In Australia Essay

Related Topics

Open Document