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Australian Capital Television Pty Ltd v Commonwealth

(1992) 177 CLR 106 · [1992] HCA 45

High Court of Australia · 1992

Good law

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