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Freedom of speech: 'Life itself'

By Barry York - posted Thursday, 3 March 2016


Australia is signatory to the United Nations' Universal Declaration of Human Rights of 1948 which says that,

'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.'

To mark the 50th anniversary of the Declaration in 1998, the Australian Parliament reaffirmed its principles.

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Australia is also a signatory to the United Nations' International Covenant on Civil and Political Rights which similarly asserts the right to free expression.

However, the reality is that Australia does not have free speech in any unrestricted sense and the Australian Constitution makes no special reference to freedom of speech.

In 2015, the Australian Government's Law Reform Commission issued its report Traditional Rights and Freedoms-Encroachments by Commonwealth Laws which revealed the many laws that interfere with free speech. These range from criminal laws against treason and sedition through to defamation, secrecy, intellectual property and anti-terror laws.

Whether or not these are reasonable, or go too far, will undoubtedly continue to be debated.

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This article originally was first published on the Museum of Australian Democracy's blog.



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About the Author

Barry York is an historian and writer who blogs at C21st Left. He rejects the current pseudo-left and regards himself as a leftist influenced by Marxism.

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