Australian Capital Television Pty Ltd v Commonwealth was a 1992 decision of the High Court of Australia striking down federal legislation that restricted paid political advertising on radio and television during election periods. The Court held that the Constitution's system of representative and responsible government necessarily implies a freedom of political communication, even though no such right is expressly stated in the constitutional text. Decided the same year as the related case Nationwide News Pty Ltd v Wills, it is regarded as one of the two founding cases establishing the implied freedom of political communication in Australian constitutional law.
Facts
Decision Year Decision Date HoldingBy a majority of five to two, the High Court held that the Constitution provides for a system of representative government of which freedom of political communication is an indispensable part; by a separate majority of four to three, the Court held Part IIID of the Political Broadcasts and Political Disclosures Act 1991, Commonwealth, invalid because it contravened that implied freedom. 2 Current StatusIn force. The case remains a foundational authority in the Australian implied freedom of political communication jurisprudence, cited in later cases applying and refining the implied freedom. 2 Case Status
Case Status (category) Connections
Decided By
Decided by the High Court of Australia, 1992.
In Legal System
Matches the existing Commonwealth v Tasmania precedent for Australian High Court rulings on this atlas.
In the Other Atlases
Found In
Also in Geography Atlas: where this subject is found.
Source Australian Capital Television Pty Ltd v Commonwealth (Wikipedia)Lead sentence 1tier 2Quote, Lead sentence 1
Australian Capital Television v Commonwealth, is a decision of the High Court of Australia.
Sources
1. Wikidata: Australian Capital Television Pty Ltd v Commonwealth
Source: foundational case in the implied freedom of political communication doctrine, laws found invalidView the Source 2. Australian Capital Television Pty Ltd v Commonwealth (Wikipedia)
Wikipedia- Infobox, date decided field
Infobox opinions, 5:2 holding
the Constitution provides for a system of responsible government, and the right to free political communication is an indispensable part of that system
Lead section, notability sentence
The case is notable in Australian Constitutional Law as one of the first cases within Australia's implied freedom of political communication jurisprudence.
In Group: Free Expression, Religion and Conscience Cases, Introduction, sentence 2
The case is notable in Australian Constitutional Law as one of the first cases within Australia's implied freedom of political communication jurisprudence.
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