Australian Capital Television v Commonwealth
| Australian Capital Television Pty Ltd v Commonwealth | |
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| Court | High Court of Australia |
| Full case name | Australian Capital Television Pty Ltd & Ors v Commonwealth; New South Wales v Commonwealth & Anor |
| Decided | 30 September 1992 |
| Citation(s) | [1992] HCA 45, (1992) 177 CLR 106 |
| Case opinions | |
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(5:2) the Constitution provides for a system of responsible government, and the right to free political communication is an indispensable part of that system (per Mason CJ, Brennan, Deane, Toohey & Gaudron JJ) (4:3) part IIID of the Political Broadcasts and Political Disclosures Act 1991 (Cth) was invalid, because it contravened this implied right (per Mason CJ, Deane, Toohey & Gaudron JJ; Brennan and McHugh JJ dissenting in part) |
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| Court membership | |
| Judge(s) sitting | Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron & McHugh JJ |
(5:2) the Constitution provides for a system of responsible government, and the right to free political communication is an indispensable part of that system (per Mason CJ, Brennan, Deane, Toohey & Gaudron JJ)
Australian Capital Television v Commonwealth, was a significant case decided in the High Court of Australia on 30 September 1992. It concerned the constitutional validity of Part IIID of the Political Broadcasts and Political Disclosures Act 1991, which regulated political advertising during election campaigns, and required broadcasters to broadcast political advertisements free of charge at other times. The High Court found the laws to be invalid, since they contravened an implied freedom of political communication in the Australian Constitution.
In 1992, the Government of Australia ("the Commonwealth") under Prime Minister Bob Hawke passed the Political Broadcasts and Political Disclosures Act 1991, which inserted part IIID into the Broadcasting Act 1942. The changes had a number of effects, the most important of which prohibited the broadcasting of politically related material on electronic media such as radio and television during the period leading up to a State or Federal election (except in news, current affairs or talkback programs). The laws also obliged broadcasters to provide "free time" to political parties to air advertisements. Kim Beazley, then the Minister for Transport and Communications, said that the changes were designed to limit corruption, and prevent donors to political parties from exerting undue influence, by restricting the amount of political advertising that could be broadcast. He said that due to the practical cost of advertising, it was only the major parties and very wealthy individuals who could afford to broadcast advertisements. The Government said they had wanted to avoid a situation such as that in the United States, where it is virtually impossible for anyone but the very rich to participate in the political process.
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