Lange v Australian Broadcasting Corporation
Key Principle
Reformulated and clarified the implied freedom of political communication, establishing the two-step test for determining whether a law infringes the implied freedom
In a unanimous decision, the High Court reformulated the implied freedom of political communication, establishing a structured two-step test: first, whether a law effectively burdens freedom of communication about government or political matters; and second, whether the law is reasonably appropriate and adapted to serve a legitimate end compatible with the constitutionally prescribed system of representative government. The decision also expanded the common law defence of qualified privilege for political communications.