Right to freedom of information, opinion and expression

Introduction

This page provides access to a range of Commission work regarding the right to freedom of information, opinion and expression. 

More resources are available on our Human Rights: Right by Right page for freedom of information, opinion and expression, including

• the Human Rights Committee's General Comments on ICCPR Article 19 and consideration of complaints under the Optional Protocol to the ICCPR
• the work of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
• information on common law and Constitutional protection of freedom of expression
• protection in State and Territory laws
• protection in other human rights instruments
• links and further information

Commission work

Media and information access for people with disability

See our information access pages in the Disability Rights section of this site.

Projects on access and safety in online information and communication

As noted by the Human Rights Committee, Article 19 requires protection of the right to seek as well as impart information. It also applies to any media, and so applies to online information and communication as well as older media such as print, radio and television.  

The Commission has worked on a range of barriers to exercise of the right to freedom of information and expression in online environments. For more details see

• our project page on human rights and the internet
• our recent background paper on human rights in cyberspace.

Submissions

• Parliamentary Proceedings Broadcasting Amendment Bill 2013: Submission to Senate Environment and Communications Committee - December 2013
• Submission to ACMA Broadcasting Codes Review (Word) or PDF - July 2013
• Submission on the exposure draft of the Charities Bill 2013 - May 2013
• Draft Commission submission on the Media Reform Bills Package (Word)  or  PDF -  March 2013
• Strengthening human rights education in the Civics and Citizenship curriculum - August 2013
  Human rights discussed: ICCPR Articles 2, 19, 25, ICESCR Article 2, UDHR Articles 6-11; 26; CRC Article 12; CERD, CEDAW, CRPD, CRC
• COAG Review of Counter-Terrorism Legislation - September 2012
  Human rights discussed: ICCPR Articles 2.3; 9.1, 9.4, 12, 17,19, 22
• Review of Counter-Terrorism and National Security Legislation – Submission to INSLM September 2012
  Human rights discussed: ICCPR Articles 2.3, 9.1, 9.4, 12.3, 14.3, 17, 19, 22; ICESCR Article 7
• Commission submission in Langer v Australian Electoral Commission (1996)
• Submissions on proposed ban on political advertising (1991):  First letter to Ministers (Word) or  PDF;  2nd letter to Ministers (Word) or  PDF;  3rd letter to Ministers (Word) or  PDF

Reports

• No. 34 - Report of an inquiry into a complaint by Mr Daniel Clark against the Minister for Foreign Affairs and Trade of a breach of his human right to freedom of expression (2006)
  Withdrawal of invitation to Falun Dafa representative to attend human rights consultations: Falun Dafa protest outside same venue
  Human rights considered: ICCPR Articles 19, 21
• No. 32 - Report of an inquiry into a complaint made on behalf of federal prisoners detained in New South Wales correctional centres that their human rights have been breached by the decision to ban distribution of the magazine 'Framed' (2006)
  Breach of right to freedom of expression and information found; limitations in ICCPR Article 19.3 found not to apply
  Human rights considered: ICCPR Articles 19.2, 19.3

Casenotes

Monis v The Queen (March 2013)

In Attorney-General for South Australia v Corporation of the City of Adelaide and Ors a majority of the Court upheld a local government by-law prohibiting activities such as preaching or distributing pamphlets on public roads (such as footpaths or malls) without permission. The Human Rights Law Centre has criticised the decision on the basis that less restrictive measures could have been taken to protect the rights of other persons

In Monis v the Queen; Doudis v the Queen the Court divided 3 each way on whether provisions in the Criminal Code which prohibit using a postal or similar service in a way that "reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive" are consistent with the freedom of political communication which the Court has previously found to be implicit in the Constitution.The Commission has prepared a brief Casenote discussing the issues in this case.

Speeches and opinion pieces

• Responding to Intolerance: Dr Tim Soutphommasane, Race Discrimination Commissioner, 21 September 2016
• ACMA Citizen conversations series forum: Decency (Word) or PDF : David Mason PSM, Principal Advisor, Human Rights Scrutiny, June 2013
• Freedom of speech can become vilification if safeguards ignored : Professor Gillian Triggs, February 2013
• Freedom of speech should not trump the right to safety: Dr Helen Szoke, Race Discrimination Commissioner  (2012)

Further reading

• Explore an Introduction to Human Rights.
• Find out more about how the Australian Human Rights Commission was established.
• Review the latest News from the Australian Human Rights Commission.
• Have Your Say on the current inquiries, projects and conversations about human rights in Australia.
• Explore statistics relating to key areas of human rights in Australia.