Australian Constitution

1992

Australian Capital Television Pty Ltd v Commonwealth

High Court of Australia(1992) 177 CLR 106

Key Principle

Established the implied freedom of political communication derived from the system of representative and responsible government in the Constitution

This landmark case established that the Australian Constitution contains an implied freedom of political communication, derived from the constitutionally prescribed system of representative government requiring elections 'directly chosen by the people.' The Court struck down provisions of the Political Broadcasts and Political Disclosures Act 1991 that banned political advertising on radio and television during election periods.

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