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no politicsSo if we don't have freedom of speech in Australia.. what do we have? (self.australia)

submitted by Farisr9k

In reference to that guy getting sacked for his ANZAC day comments:

What version of free speech do we have? What are it's limitations?

I know his comments were in breach of his employee contract and that's what got him fired.. but for a regular citizen, what are our rights exactly?

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[–]vteckickedin 19 points20 points  (2 children)

It's the constitution, it's Mabo, it's justice, it's law, it's the vibe of the thing.

[–]RandomUser1076 1 point2 points  (1 child)

The vibe?

[–]grahampaige 10 points11 points  (4 children)

we have no legislated right to freedom of speach, but the high court has agreed there is an implied freedom of speach, though there isnt really any defined borders

[–]RandomUser1076 0 points1 point  (3 children)

As you said it was a high court decision, that related to common law rather than the constitution I think. Common law should be king dick in regards to laws. Like no entry without a warrant. No one can enter your property without a warrant unless someone is in basically dead or dying inside. If you invite the police inside and then ask them to leave and they don't, they are now trespassing and can be told to leave. Many a copper has got a clip around the ear for not leaving and I believe there was a case not to long ago in Victoria where a couple of coppers wouldn't leave and copped a flogging, every court went against the coppers it went up to the high court. I've waffled on a bit and got a bit off topic here.

[–]google_academic 0 points1 point  (0 children)

Its ok we all like waffles.

[–]Souperdisinterested 5 points6 points  (1 child)

Our constitution basically says, without explicitly saying it, "trust the legislature to look after people's rights".

The courts give effect to that vibe (yes, it is the vibe of the thing) by protecting freedom of speech that is part of the democratic process i.e. "political communication".

Beyond that... not much.

But even in USA there is no constitutional protection of consequences from speech, just protection from government interference with it.

[–]ThunderCuntAU 6 points7 points  (0 children)

... in USA there is no constitutional protection of consequences from speech, just protection from government interference with it.

Many, many people who are politically inclined could stand to learn this particular distinction.

[–]derpetina 2 points3 points  (0 children)

What we have is a largely benevolent government who, if you piss them off, expose their misdeeds, or otherwise become "a problem", have an enormous raft of legislation in place that you didn't care enough to complain about at the time, that allows them to dig up enough dirt on you to lock you up. Everyone is a criminal at large in some way, whether you have illegally transfered a cd to your iPod, watered your garden on the wrong day, filed a late tax return, overstayed a parking meter, etc.

[–]KamehamehaSockpuppet 5 points6 points  (4 children)

His sacking had nothing to do with free speech, not to mention that if he's said similarly offensive things about say, Aboriginal people protesting the alleged closure of remote communities today, the people wailing about him being sacked over the ANZAC comments would instead be demanding he be sacked. And how would that demonstrate their support for "freedom of speech"?

[–][deleted] 1 point2 points  (3 children)

Dude - you're banging your head against a brick wall trying to get people to understand this

Look at it as a win - now they're all pissed at the SBS, the SBS news pages will soon have more intelligent discussions again

[–][deleted] 0 points1 point  (2 children)

Who exactly are the "they"?

[–][deleted] 1 point2 points  (1 child)

"they" being everybody who keep crapping on about this issue like it in any way shape or form impacts on their own personal "right" to freedom to speech.

[–]KamehamehaSockpuppet 0 points1 point  (0 children)

Free speech for me but not for thee or any conservative person.

[–]pintita 1 point2 points  (0 children)

Australian law does not provide express freedom of speech, but it's implied in the Constitution that people should have freedom of political communication.

Freedom of speech is not technically protected in Australia outside of this. I mean honestly, technically calling someone a fucking cunt at a train station is breaking the law...

[–]jnd-au 1 point2 points  (0 children)

If there's no law against what you say and no one wants to sue you over it and you're not causing a nuisance and you aren't breaching a contract and no one can hear you anyway, then congratulations you've got it.

[–][deleted] 0 points1 point  (0 children)

We have the freedom not to be a complete cunt.

Unless you're a politician.

[–]im-an-alien 0 points1 point  (0 children)

When someone has the freedom to speak, you find out how full of shit they are and move-on.

[–][deleted] 0 points1 point  (0 children)

You have the right to do what you are told!

[–]CocaCoal 0 points1 point  (0 children)

We have Tim Tams.

[–]andrewfx51Geelong/VIC 0 points1 point  (0 children)

Habeas corpus?

[–]lollerkeetleftest 0 points1 point  (0 children)

Hopefully he sues for unfair dismissal and we learn the answer.

I'm 100% serious.

[–][deleted] -1 points0 points  (0 children)

Its limitations are whatever is most convenient for the authorities to maintain the mediocre status quo.

If maintaining the status quo means you need to be kept quiet, it'll happen.