Australian Constitution

1997

Lange v Australian Broadcasting Corporation

High Court of Australia(1997) 189 CLR 520

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.

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