Australian Capital Television Pty Ltd v Commonwealth
(1992) 177 CLR 106 · [1992] HCA 45
High Court of Australia · 1992
Headnote
Recognised an implied freedom of political communication drawn from the system of representative government established by the Constitution.
Bench
Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ
Facts
Commonwealth legislation banned paid political advertising on radio and television during election periods and required broadcasters to provide free time.
Held
The regime impermissibly burdened political communication and was invalid; representative government implies freedom of communication on political matters.
Key passage
“Freedom of communication in relation to public affairs and political discussion cannot be confined to the election period.”
177 CLR 106, 138 (Mason CJ)
Citation formats
AGLC full
Australian Capital Television Pty Ltd v Commonwealth (1992) 177 CLR 106, 138 (Mason CJ).
AGLC short
ACTV (1992) 177 CLR 106, 138.
Medium neutral
Australian Capital Television Pty Ltd v Commonwealth [1992] HCA 45.
Authorities considered
- Nationwide News Pty Ltd v Wills
(1992) 177 CLR 1