Law Report Do we have a right to free speech in Australia?
Oct 28, 2025
Associate Professor Daniel Joyce, an expert in constitutional law at UNSW, and Professor Luke McNamara, a specialist in criminal law and civil liberties, delve into the nuances of free speech in Australia. They discuss the absence of a constitutional right to free speech and the implications of the implied freedom of political communication. Notably, the potential effects of upcoming laws on protests and social media are explored, alongside the delicate balance between free expression and necessary legal limitations. Their insights shed light on Australia's complex legal landscape.
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Implied Freedom Is Systemic Not Personal
- Australia lacks an explicit constitutional free speech right; the implied freedom protects political communication systemically.
- The implied freedom limits government power rather than acting as a personal, First Amendment–style right.
Three-Part Test Governs Free Speech Challenges
- Courts apply a multi-part test to assess burdens on political communication and legitimate objectives of laws.
- The key question asks if a law is reasonably appropriate and adapted to its legitimate purpose given our representative government.
Lees Case Challenged Move‑On Powers
- Joshua Lees challenged NSW amendments that expanded police move-on powers near places of worship.
- He argued the changes unduly interfered with Palestine Action Group protests and political communication.