Is there freedom of speech on political matters in Australia?
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.
What are the limitations of freedom of speech in Australia?
In Australia, legislation prohibits, or renders unlawful, speech or expression in many different contexts. Some limitations on speech have long been recognised by the common law itself, such as obscenity and sedition, defamation, blasphemy, incitement, and passing off.
What flags are illegal in Australia?
In 1989, a private member s bill was introduced by Michael Cobb MP (Nat) to make it an offence to desecrate, dishonour, burn, mutilate or destroy the Australian National Flag or an Australian Ensign, without lawful authority.
What are the rules of freedom of speech in Australia?
The right in article 19(1) to hold opinions without interference cannot be subject to any exception or restriction. The right in article 19(2) protects freedom of expression in any medium, for example written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising.
What are the 4 limits on freedom of speech?
Second, a few narrow categories of speech are not protected from government restrictions. The main such categories are incitement, defamation, fraud, obscenity, child pornography, fighting words, and threats. As the Supreme Court held in Brandenburg v.
Is it illegal to put the Australian flag on the ground?
Dignity of the Flag It should not be subjected to indignity or displayed in a position inferior to any other flag or ensign. The Flag normally takes precedence over all other national flags when flown in Australia. It should always be flown aloft and free and should not be allowed to fall or lie upon the ground.
Can you burn Australian flag?
No. There’s no specific law that makes the burning of the Australian flag illegal, but it is typically punished as ‘disorderly conduct’ or destruction of property instead. While it’s legal to burn the Australian flag, it must be done safely.
When can the government limit free speech?
Government can limit some protected speech by imposing “time, place and manner” restrictions. This is most commonly done by requiring permits for meetings, rallies and demonstrations. But a permit cannot be unreasonably withheld, nor can it be denied based on content of the speech.
Is it appropriate for government to limit freedom of speech?
The Supreme Court has held that restrictions on speech because of its content—that is, when the government targets the speaker’s message—generally violate the First Amendment.
Is it illegal to fly the Australian flag at night?
The flag should never be flown at half-mast at night even if it is illuminated. When flying the Australian National Flag with other flags, all flags in the set should be flown at half-mast.