The Freedom Of Political Communication

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Introduction: The following piece is to analyse the implied freedom of political communication, and in doing this an understanding of both the principle and why the courts are so hesitant to apply the principle will be developed. In its essence the implied freedom to political communication is the freedom given to the public for freedom of speech of a political nature. Evidence of where this freedom was not given could be seen during the chairman Mao rule in china, where the Chinese believed that the chairman was essentially God and speaking bad of him would result in biblical destruction of life, and as so currently in north Korea under the Kim Jung Un rule. There are a number of cases that have developed the constitutionally implied…show more content…
The source of the freedom: It is extremely important to understand the High Courts positioning on the sources of the freedom because it is essentially the precursor to the courts positioning on the nature, scope, content and application of the freedom. For a number or reasons the ACTV and the Nationwide case are considered together when looking into the implied freedom of political communication, one reason being that they were both decided on the same day, but more so because they both identify the thought pattern behind the freedom. The ACTV case came about when a number of broadcasting corporations, as well as the NSW government challenged a commonwealth legislative amendment, pt IIIID of the Broadcasting and television Act 1942 (CTH), after a commonwealth parliamentary inquiry that found that the high cost and low quality of advertising was harmful to the Australian political process. the nationwide news case resulted in similar processes however the cases could not have been more juxtaposed. provisions under the industrial relations Act 1988 (CTH) made it an offence to bring the industrial relations commission or one of it members into notoriety. The provisions were challenged in the case after one of the newspapers columnist accused the commissioner
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