Many legal resrictions on free speech

When do I need to consider the right to freedom of opinion and expression?

You will need to consider the right to freedom of opinion and expression if you are working on legislation, a policy or a program that:

    regulates the content of any speech, publication, broadcast, display or promotion

    regulates the format or manner of any form of expression (for example requires prior approval for public protest or places restrictions on the uses of places in which protest activity may take place)

    restricts or censors media coverage, including in relation to political matters

    requires material to be approved before it may be published

    attaches criminal or civil liability to the publication of opinions or information

    regulates or restricts access to information, including on the internet

    imposes censorship or provides for classification of entertainment content, or

    regulates commercial expression (such as advertising).

This list should not be regarded as exhaustive.

When working on a measure that restricts freedom of expression, you should ask yourself whether the measure can be justified under the permitted grounds for restriction, whether it will be effective to achieve the desired ends, whether it impinges on freedom of expression to a greater degree than is necessary and whether there are less restrictive means of achieving the desired ends.

The requirement to prohibit advocacy of hatred that constitutes incitement to discrimination contains mandatory limitations on freedom of expression. You will need to consider the requirement if you are working on legislation, a policy or a program that regulates offensive speech or the publication or broadcast of offensive material.

https://www.ag.gov.au/rights-and-protections/human-rights-and-anti-discrimination/human-rights-scrutiny/public-sector-guidance-sheets/right-freedom-opinion-and-expression#what-is-the-right-to-freedom-of-opinion-and-expression

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Source: http://snorphty.blogspot.com/2024/10/many-legal-resrictions-on-free-speech.html