Australian Capital Television Pty Ltd V Commonwealth

Australian Capital Television Pty Ltd V Commonwealth

(5:2) the Constitution provides for a system of responsible government, and the right to free political communication is an indispensable part of that system

(4:3) part IIID of the Broadcasting Act 1942 was invalid, because it contravened this implied right

Australian Capital Television v Commonwealth (1992) 177 CLR 106 was a significant court case decided in the High Court of Australia on 30 September 1992. It concerned the constitutional validity of Part IIID of the Broadcasting Act 1942, which regulated political advertising during election campaigns, and required broadcasters to broadcast political advertisements free of charge at other times. The High Court found the laws to be invalid, since they contravened an implied right to freedom of political communication (note there is no guarantee of freedom of speech) in the Australian Constitution.

Read more about Australian Capital Television Pty Ltd V Commonwealth:  Background To The Case, The Case, The Decision, Consequences

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