FREE SPEECH IN AUSTRALIA
- Graham Healy
- Dec 28, 2025
- 3 min read
FREE SPEECH IN AUSTRALIA
(Right to freedom of opinion and expression ) Attorney Generals Department
https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-freedom-opinion-and-expression#what-is-the-right-to-freedom-of-opinion-and-expression
The right to freedom of opinion is the right to hold opinions without interference, and cannot be subject to any exception or restriction.
The right to freedom of expression extends to any medium, including written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising. The right is not absolute. It carries with it special responsibilities, and may be restricted on several grounds. For example, restrictions could relate to filtering access to certain internet sites, the urging of violence or the classification of artistic material.
THE URGING OF VIOLENCE IS EXACTLY WHAT EVERY FREE PALESTINE MARCH DID "Death to IDF' "From the river to the sea " "Terrorist flags and images " "Gas the Jews" "Global intfirda" this is all incitement to do violence in the worst possible form = TERRORISM and these Free Palestine marches supported hamas
Where does the right to freedom of opinion and expression come from?
Australia is a party to seven core international human rights treaties. The right to freedom of opinion and expression is contained in articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR) .
See also articles 4 and 5 of the Convention on the Elimination of All Forms of Racial Discrimination (CERD) , articles 12 and 13 of the Convention on the Rights of the Child (CRC) and article 21 of the Convention on the Rights of Persons with Disabilities (CRPD) .
BOTTOM LINE WE NEED A REFERENDUM ON FREE SPEECH DEFINING THE LAWS IN AUSTRALIA BANNING ALL ISLAMIC TERRORIST CONNECTION and ties with any terror cells , Muslim brother hood etc. SIGNS SLOGANS AND IMAGES .
ANY ENCITEMENT TO COMMIT VIOLENCE OF ANY DESCRIPTION .
ANTI SEMITISM should be BANNED IN AUSTRALIA in all its forms in separate specific legislation after the Bondi massacre
Graham Healy
28 Dec 2025
Key Principles
Implied Freedom of Political Communication: The High Court established this freedom, allowing broad communication on government and political matters to ensure informed voting, but it's a freedom from government restraint, not an absolute individual right.
Not Absolute: Like in many democracies, Australian law recognizes limits, covering areas like hate speech, incitement, defamation, and obscenity.
Balancing Act: The core challenge is balancing free speech with preventing harm, ensuring accountability, and upholding other rights, a process that involves laws and judicial interpretation.
Legal Framework & Limitations
Constitutional Basis: Derived from the Constitution's requirements for representative government, not a direct personal right.
Statutory Limitations: Laws like the Racial Discrimination Act make it unlawful to incite hatred or offend based on race.
Defamation Law: Social media platforms and owners can be liable for defamatory user comments, encouraging moderation.
State & Territory Laws: Some jurisdictions, like the ACT, have human rights acts that explicitly protect freedom of expression, subject to permissible limitations.
Practical Guidelines (for Platforms/Individuals)
Moderate Harmful Content: Private platforms aren't obliged to host harmful content (racist, hateful) and often have a legal or practical need to remove it.
Be Aware of Defamation: Hosting pages can create "publisher" liability for user comments, so swift moderation is key.
Know the Limits: Laws exist against inciting violence, defamation, and discrimination, meaning "free speech" doesn't protect all forms of expression.
