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  From: Mark Newton <newton@atdot.dotat.org>
  To  : Daniel <daniel@webmedia.com.au>
  Date: Tue, 29 Jun 1999 19:15:01 +0930 (CST)

Re: Motion of opposition to internet cencorship legislation

Daniel wrote:

 > Mark Newton wrote:
 > > C4IS wrote:
 > >  > Just imagine how much more progress we might have
 > >  > made (e.g. on positive e-commerce legislation) had
 > >  > there been a Bill of Rights -or- a Freedom of Speech
 > >  > clause at the right point in our legislative framework.
 > > 
 > > Great - But we don't have one, and it's unlikely that we'll see
 > > one in my lifetime.  Deal with it.
 > 
 > We have an implied right of free speech. That is it's implied enough to
 > win several recent court cases... 

One court case -- The very limited "implied" right of free speech is
limited to political speech only, and is derived from the constitutional
requirement for free elections.  The High Court took the view that 
free elections can only take place in an atmosphere of open access to
information about the candidates, and so ruled that a candidate could
not sue a media organization for defamation due to politically-damaging
material published in the lead-up to an election campaign.

That's it.  Any other reading of the case in question is pure wishful
thinking.  In Australia we have as much free speech as the High Court
is prepared to give us, and that's the full and complete extent of 
that speech to date.

That's why it has been so easy for the Government to proceed with its
censorship legislation.  There's essentially no potential for a High
Court challenge on free speech grounds.

    - mark

--------------------------------------------------------------------
I tried an internal modem,                    newton@atdot.dotat.org
     but it hurt when I walked.                          Mark Newton
----- Voice: +61-4-1620-2223 ------------- Fax: +61-8-82231777 -----

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