First, let’s get the easy part out of the way: Australia does not have an explicit First Amendment equivalent enshrining the protection of freedom of speech in our Constitution. So where does this leave us? Well, it wasn’t until 1992 in Nationwide News Pty Ltd v Wills and Australian Capital Television Pty Ltd v Commonwealth (ACTV) 177 CLR 1 where the issue of free speech was significantly dealt with.
In ACTV the High Court had to consider whether there was an implied Constitutional right to free speech in regards to governmental and political affairs. The majority in the High Court held that there was indeed an implied freedom of political communication in the Constitution, basing their decision on the representative nature of our democracy.