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

Question 1

Political Case:

Answer 1

Australian Capital Television V Commonwealth Case 1992

Question 2

Significance of the Political Broadcasting Case:

Answer 2

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.

Question 3

Facts:

Answer 3

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.

Question 4

Commonwealth Legislation:

Answer 4

Broadcast Act 1942

Question 5

High Court decision:

Answer 5

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

Question 6

Reason for decision:

Answer 6

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.

Question 7

Sentence after reason:

Answer 7

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

Question 8

Implied Right furthered:

Answer 8

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