Updated 30 Jul 2024
https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-freedom-opinion-and-expression
Australian Government Attorney-General's Department
Right to freedom of opinion and expression
Public sector guidance sheet
There is no Commonwealth legislation enshrining a general right to freedom of expression.
The right to freedom of opinion is the right to hold opinions without interference, and cannot be subject to any exception or restriction.
The right to freedom of expression extends to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising. The right is not absolute. It carries with it special responsibilities, and may be restricted on several grounds. For example, restrictions could relate to filtering access to certain internet sites, the urging of violence or the classification of artistic material.
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Tin Foil Who considers Freedom Of Speech As:
People should be able to express their ideas freely, so long as it is within social responsibility and/or civic duty and doesn’t promote violence against another person or group of people (such as because of their culture, ethnicity, religion, or background).
Other people’s freedom of speech and freedom of expression must be respected, as long as such expression is within the same manner.
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Extracts taken from the Australian Government Attorney-General's Department
Right to freedom of assembly and association
Public sector guidance sheet
https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-freedom-assembly-and-association
The right to peaceful assembly:
The right to peaceful assembly protects the right of individuals and groups to meet for a common purpose or in order to exchange ideas and information, to express their views publicly and to hold a peaceful protest. The right extends to all gatherings for peaceful purposes, regardless of the degree of public support for the purpose of the gathering. However, the right applies only to peaceful assemblies, not to those involving violence.
Limitation:
In addition, under article 21 freedom of assembly may be subject to restrictions imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. Article 22(2) makes similar provision in relation to freedom of association.
Extracts taken from the Australian Human Rights Commission
https://humanrights.gov.au/our-work/rights-and-freedoms/freedom-information-opinion-and-expression
Common law protection
A well-established principle of statutory interpretation in Australian courts is that Parliament is presumed not to have intended to limit fundamental rights, unless it indicates this intention in clear terms. This includes freedom of expression. See our page on common law rights and parliamentary scrutiny .
Constitutional law protection
The Australian Constitution does not explicitly protect freedom of expression. However, the High Court has held that an implied freedom of political communication exists as an indispensible part of the system of representative and responsible government created by the Constitution. It operates as a freedom from government restraint, rather than a right conferred directly on individuals.
The UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) on 16 December 1966.
ICCPR Article 19 states:
- Everyone shall have the right to hold opinions without interference.
- Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
- The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
( a ) For respect of the rights or reputations of others;
( b ) For the protection of national security or of public order, or of public health or morals.
General comment 34 (open shut box)
General Comment 34 emphasises that freedom of expression and opinion are the foundation stone for a free and democratic society and a necessary condition for the promotion and protection of human rights. This General Comment addresses in detail:
- freedom of opinion
- freedom of expression
- freedom of expression and the media
- the right to access to information
- the importance of freedom of expression in a democratic society
- the application of Article 19.3 on permissible limitations on freedom of information and expression
- the scope for limitations on freedom of expression in certain areas
- the relationship between articles 19 and 20.
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Note: I am no lawyer but I have included the above extracts because from what I have seen people tend to quote their rights but you have to know your limitations too. Please seek Professional Advice for any questions you might have about your obligation under the Law.
The ABC has put together some interesting remarks about protests in Australia which people often view as freedom of speech or expression. Please read the full article for context these are only highlighted comments.
14 Apr 2024 - Everyone in Australia can protest, but the finer details differ depending on where you live
"The short answer is we don't have a right to protest in our constitution. There isn't a law we can point to at the federal or state level that says everyone has a right to protest," University of South Australia associate professor Sarah Moulds said.
The right to protest comes from the implied freedom of political communication found in the Australian Constitution.
It means while Australians may not explicitly have a right to protest, governments are expressly forbidden from introducing any laws which might impede a person's right to express themselves or protest.
While it is not a direct offence to hold your protest on public land, a permit provides protection from certain criminal charges like obstructing traffic or other pedestrians.
While police in Australia have the authority to use 'move on powers' if they believe people are obstructing a place or causing a nuisance, there is an exception for genuine protests.
That doesn't mean protesters are completely immune to charges though.
There is also The Right To Protest Guidelines from the National Capital Authority Australian government,