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> Australia does have an implied constitutional right to freedom of political communication Yes, I am aware of that but it's simply not sufficient. While there
by cyphar 7y ago
> Australia does have an implied constitutional right to freedom of political communication
Yes, I am aware of that but it's simply not sufficient. While there are the 1992 interpretations, there has been significant evidence that the High Court is handcuffed by the lack of language in the constitution about individual freedom. There are also many subsequent cases where the protection was not granted.
But lets not forget that "freedom of political communication" comes from the fact that any Australian has the right to run as a political candidate and discuss political ideas. It's already an incredibly stretched usage of the intentuon of the preamble of the constitution.
Lets also not forget that the Liberal government tried to make it a crime (punishable with 5 years imprisonment) to post YouTube videos that have government logos in them -- unless they constituted "genuine satire". The fact that "freedom of political communication" didn't kill the idea from the outset tells you how weak the protection really is.