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Freedom of speech, excluding defamation, racial vilification and hate speech, is a fundamental right in democratic societies. The Universal Declaration of Human Rights (UDHR) in Article 19 affirms the right to free speech, stating “everyone has the right to freedom of opinion and expression”. Despite being a signatory to international treaties that pledge the right to freedom of expression, Australian governments have failed to implement the free speech provisions. Although High Court decisions have ruled that there is an “implied freedom of political communication”, these rights are not embodied in the Constitution or in other legislation.
In May 2007, eight of Australia’s leading media organisations launched a campaign to demonstrate concern about free speech in Australia. According to News Ltd Chairman John Hartigan: “Australia now lags well behind most major democracies. The latest worldwide press freedom index, compiled by the independent organisation Reporters Without Borders, ranks Australia 35th–equal with Bulgaria and behind nations such as Bolivia (16th) and South Korea (31st).”
Freedom of speech in Australia has also been constrained by the anti-terror laws, restrictions placed on non-governmental organisations, and tough sanctions on whistleblowers.
The Right to Know Campaign commissioned Irene Moss, former anti-corruption Commissioner, to conduct an independent audit of free speech in Australia. The Moss report, released in October found that free speech in Australia was being ‘whittled away by gradual and almost imperceptible degrees’ within a culture of secrecy. The report concluded that ‘there is mounting evidence that the lure of political advantage increasingly trumps principles of democratic transparency’.
In response to concerns about press freedom, certain commitments have been made by the Rudd Government. In May 2008, Labor announced its intention to reform Freedom of Information (FoI) laws and to promote a “pro-disclosure” culture across government. Reforms would include abolishing conclusive certificates, which currently allow Ministers to prevent the disclosure of certain government documents when doing so is deemed not in the public interest. Prime Minister Rudd also announced his intention to appoint a FoI commissioner, as well as to review fees and charges relating to FoI requests and shield laws regarding the protection of journalists’ sources.
Source: http://news.smh.com.au/national/rudd-promises-press-freedom-20080508-2c8v.html
