Unlike the United States and many other countries, Australia has no explicit freedom of speech. Instead, our Constitution has an implied freedom of political communication. Technically, this is not an individual right we citizens have, but a restriction on laws that interfere with free communication about politics and government.

The implied freedom of political communication is derived from sections 7, 24, 64, and 128 of the Australian Constitution. It is not expressly written. It has been understood and held by the High Court as a protection of free communication on political or government matters in the case Lange v Australian Broadcasting Corporation (1997).

Sections 7 and 24 of the Constitution sets the rules for electing politicians to the House of Representatives and the Senate. They mandate that the people of Australia must directly choose members of the Commonwealth Parliament, our representative government. From here, the High Court ruled that an implied freedom of political communication goes hand in hand with electing a representative. Essentially, if our Federal Parliament must be made up of representatives elected by the people, then the people have the freedom to speak about political matters. This is necessary for an effective representative government.

It is a right that allows us to speak in favour of or against, as well as criticise and condemn government and political matters. It is the foundation for the general right to protest without punishment. The Commonwealth and State governments cannot make laws or take action that would breach the implied freedom, as the High Court can invalidate such laws if specific criteria are met. A government could pass a law that breaches the implied freedom if that law does so for a legitimate aim, and is proportionate to that aim.

This freedom is not absolute, covering only political communication, and only to the extent necessary to protect the representative government. It is also more of a restriction on the Government than a freedom.

Nonetheless, it is a significant factor to remember when electing a representative.