The Freedom Of Political Communication

2414 Words Jul 31st, 2014 10 Pages
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 freedom of political communication over the past decade or so, these include; Australian capital television v. commonwealth (1992) 177 CLR 106 and Nationwide news v. Willis (1992) 177 CLR 1 (decided on the same day) where it was established that there is a freedom, however, the sources of the freedom were unclear as to was its application. Furthermore the sources became even more unclear in the subsequent cases of Theophanous v. Herald and weekly times Ltd (1994) 182 CLR 104 and Stephens v. West Australian Newspapers (1994) 182 CLR 211 which all are assessing the application of the implied freedom to defamation. Finally in 1997 the courts unanimously used the case of Lange v. Australian Broadcasting corporation (1997) 189 CLR 520 to affirm the…
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