Originally posted by ZindoDoone
I'm not sure of Australia's Constitutional stance and language of free speech is or how its worded.
Here in Australia we don’t even have a bill of rights and there is no provision of free speech either.
In 1948 the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR). Article 19 affirms the right to free speech:
Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and
to seek, receive and impart information and ideas through any media and regardless of frontiers.(1)
Australia is a signatory to this treaty and, in order to incorporate treaties and conventions into Australian law, governments must pass a specific
Act of Parliament. Although some parts of the treaty have been implemented into law, such as the Human Rights Commission Act 1981
no Australian
government has implemented the free speech provisions and therefore they are not enforceable by Australian courts.
The Australian Constitution does not have any express provision relating to freedom of speech. In theory, therefore, the Commonwealth Parliament may
restrict or censor speech through censorship legislation or other laws, as long as they are otherwise within constitutional power. The Constitution
consists mainly of provisions relating to the structure of the Commonwealth Parliament, executive government and the federal judicial system. There is
no list of personal rights or freedoms which may be enforced in the courts. There are however some provisions relating to personal rights such as the
right to trial by jury (section 80), and the right to freedom of religion (section 116).
The United States incorporated a Bill of Rights into its Constitution in 1789. Other countries have legislated more recently for freedom of speech,
mainly in legislation which is separate from their constitutions: Ireland in 1937, Canada in 1982, New Zealand in 1990, South Africa in 1996, and the
United Kingdom in 1998. The European Union has included freedom of expression and information in its Draft Charter of Fundamental Rights for possible
adoption by member states. This makes Australia alone among like-minded countries not to provide for freedom of speech in legislation or the national
constitution.
So technically we don’t have free speech – most Australians don’t realise this and just assume we do because they see it on TV all the time.
Mikey
Free Speech and the Constitution
[edit on 31/12/2008 by Mikey84]