Freedom of political communication, public officials and the emerging right to personal privacy in Australia

In recent times Australian courts have demonstrated a willingness to fashion a right to personal privacy at common law. The Australian Law Reform Commission has noted this impOt1ant development and said it was likely to continue in the absence of legislative action in the area. The aim of this article is to outline a theoretical framework to underpin and inform the development of this emerging right - howsoever framed - and the extent to which it is possible for the law to provide meaningful privacy protection to public officials under the Constitution.<br /

The status of flag desecration in Australian law

Law relating to the desecration of the Australian flag in a public place - the influence of the flag on Australia\u27s culture and politics - whether flag desecration is a constitutionally protected political communication - the constitutionality of the Flags (Protection of Australian Flags) Amendment Bill 2008 - whether the treatment of flag desecration under Australian law is likely to change if and when a statutory bill of rights is enacted.<br /

TAKING PARLIAMENTARY SOVEREIGNTY SERIOUSLY WITHIN A BILL OF RIGHTS FRAMEWORK

[The Victorian Government has made a commitment to consult with the community on how best to protect and promote human rights in Victoria. To this end, it has established a Human Rights Consultation Committee to undertake this consultation and to report on the desirability or otherwise of enacting a Bill of Rights. The government has, however, indicated its preference for a statutory Bill of Rights and one that preserves the 'sover- eignty of Parliament'. This article takes those two government preferences as its baseline and then explores what might follow if the preservation of parliamentary sovereignty is taken seriously within a Victorian rights framework.]

So far so good? : A critical evaluation of racial vilification laws in Australia

Problems with Australia\u27s racial vilification laws - s 18C of the Commonwealth\u27s Racial Discrimination Act - free speech and public interest defences under the Racial Discrimination Act as well as State and Territory racial vilification laws - impact of free speech cases on the content of the racial vilification defences.<br /

What is \u27political communication\u27? The rationale and scope of the implied freedom of political communication

The aim of this article is to identify what counts as &lsquo;political communication&rsquo; for the purposes of the implied constitutional freedom of political communication. This is done for two reasons. The first is to delimit the scope of the implied freedom. The second is to clarify whether racial vilification is &lsquo;political communication&rsquo;, which is the initial step that must be taken in order to assess the constitutionality or otherwise of current Australian racial vilification laws. It is, however, necessary and desirable to establish a sound theoretical basis for the implied freedom before these questions can be properly considered. To this end, it is argued that a minimalist model of judicially-protected popular sovereignty underpins the implied freedom and is the rationale that must guide its interpretation and application. The analysis undertaken demonstrates that a generous zone of &lsquo;political communication&rsquo; must attract constitutional protection and that racial vilification will in certain circumstances amount to &lsquo;political communication&rsquo;.<br /

The protection of political communication under the Australian constitution

Compatibility of a law with implied freedom of political communication - application of test of constitutionality outlined in Lange case - argues that two-tier approach be abandoned - if a law regulates the content of a political communication, not its mode, more rigorous judicial scrutiny will follow - should be a single test for constitutionality where application is through the proportionality framework and informed by the rationale of the implied freedom - application to Australian racial vilification laws.<br /