(B) 3.2.9 Significance of High Court case relating to Constitutional protection of rights Flashcards Preview

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1

Political Case:

Australian Capital Television V Commonwealth Case 1992

2

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.

3

Facts:

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.

4

Commonwealth Legislation:

Broadcast Act 1942

5

High Court decision:

Found legislation that restricted access to political broadcasts before referendums and elections was invalid and unconstitutional.

6

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.

7

Sentence after reason:

Therefore, the HCA created a precedent by finding the implied right to freedom of political communication.

8

Implied Right furthered:

The HCA further explored the implied to freedom of political communication in the Lange V ABC case 1997, where the HCA found that the implied right is available at all times, not just before an election

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