Enshrining the right to free speech in the Constitution will provide a clear and unequivocal guarantee of this fundamental democratic right, eliminating existing ambiguities and enhancing public confidence in civil liberties. It aligns with international human rights norms, such as Article 19 of the International Convention on Civil and Political Rights, which Australia is a party to. This constitutional protection would ensure that freedom of expression, including through the press and other media, is not subject to arbitrary legislative restrictions, thereby supporting a transparent and accountable government [Judgment].
Opponents may argue that the bill could lead to unintended consequences by making it more challenging to regulate harmful expressions, such as hate speech or misinformation, thereby threatening social stability and public order. The existing implied freedom of political communication has been sufficient for navigating the complexities of free speech within Australia's legal framework, allowing for a balanced approach that considers public interest and safety [Judgment]. Furthermore, the high threshold required for constitutional changes, including a nationwide referendum, suggests that such alterations should be reserved for issues with broad consensus and clear necessity, which may not apply in this case.
2025-02-12
Senate
Before Senate
BABET, Sen Ralph
Unspecified
Civics, Discrimination / Human Rights, Democratic Institutions