Flashcards in (B) 3.2.9 Significance of High Court case relating to Constitutional protection of rights Deck (8)
Australian Capital Television V Commonwealth Case 1992
Significance of the Political Broadcasting Case:
The Political Broadcasting case is significant, as it established the implied right to freedom of political communication and created a precedent, the first High Court case to do so.
A TV station challenged the validity of the changes to the Broadcast Act 1942, as amendments banned radio and T.V advertising for government elections.
Broadcast Act 1942
High Court decision:
Found legislation that restricted access to political broadcasts before referendums and elections was invalid and unconstitutional.
Reason for decision:
Reason was that the Constitution entrenches the system of Representative Government. If voters were unable to hear political broadcasts in the lead up to the to a decision, their ability to make an informed decision would be impaired.
Sentence after reason:
Therefore, the HCA created a precedent by finding the implied right to freedom of political communication.