Theophanous v Herald & Weekly Times Ltd
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| Theophanous v Herald & Weekly Times Ltd | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 12 October 1994 |
| Citations | [1994] HCA 46, (1994) 182 CLR 104 |
| Court membership | |
| Judges sitting | Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron, McHugh JJ |
Theophanous v Herald & Weekly Times Ltd[1] is a landmark Australian judgment of the High Court. The matter related to implied freedom of political communication that the High Court has inferred, rests in the Australian constitution.
Background
Andrew Theophanous had been an Australian Labor Party member of the Australian House of Representatives since 1980. In 1992, he was the chairperson of the Joint Parliamentary Standing Committee on Migration. The Herald and Weekly Times published an article by Bruce Ruxton, "Give Theophanous the shove", which stated that Theophanous "appears to want a bias shown towards Greeks as migrants". Theophanous sued the Herald & Weekly Times and Ruxton for defamation.[1]
Decision
The njudgment held that there was an implied constitutional freedom to publish material discussing government and political matters as well as the way that members of the Parliament of Australia conducted their duties and their suitability for office.
Significance
Just three years later, with a change in the composition of the High Court,[2] the court unanimously reversed the opinion in Lange v Australian Broadcasting Corporation. It held that no direct right to free speech could form a defence to defamation. Still, the case remains important in the development of the implied freedom.[3]
References
- ^ a b Theophanous v Herald & Weekly Times Ltd [1994] HCA 46, (1994) 182 CLR 104.
- ^ Mason) CJ and Deane J had retired and Gummow J and Kirby J had been appointed.
- ^ Lange v Australian Broadcasting Corporation [1997] HCA 25, (1997) 189 CLR 520.
Further reading
- "Defamation and the Right to Political Communication". Parliament of New South Wales (Australia). Retrieved 22 August 2012.
- Williams, George. "The State of Play in the Constitutionally Implied Freedom of Political Discussion and Bans on Electoral Canvassing in Australia: Research Paper 10 1996-97". (Law and Bills Digest Group) Australian Federal Government. Retrieved 22 August 2012.
- Blacksheild, Tony; Williams, George (2010). Australian Constitutional Law and Theory (5th ed.). Sydney: Federation Press. p. 1272..
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