View source for Censorship in Australia

{{short description|none}}
{{Use Australian English|date=September 2012}}
{{Use dmy dates|date=October 2020}}
{{Censorship by country}}
Certain subject-matter in [[Australia]] is subject to various forms of government censorship. These include matters of national security, judicial non-publication or suppression orders, defamation law, the federal [[Racial Discrimination Act 1975|''Racial Discrimination Act 1975'' (Cth)]], film and literature (including video game) classification, and advertising restrictions.

Some forms of censorship are not administered directly by the government or courts. For example, some foreign websites have on occasion been blocked by Australian [[internet service provider]]s. More recently, concerns have been raised as to the level of [[academic freedom]] enjoyed at Australia's public universities. Outside of these matters, standards for television, radio, recorded music, the press and most commercial advertising are enforced, in the first instance, by means of [[industry self-regulation]].

== Legal protections ==
Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at [[common law]] per ''[[Australian Capital Television Pty Ltd v Commonwealth]]''. There is however an "implied freedom of political communication" that was recognised in ''[[Lange v Australian Broadcasting Corporation]]''.<ref name="Lange HCA2">{{cite AustLII|HCA|25|1997|litigants=[[Lange v Australian Broadcasting Corporation]]|parallelcite=(1997) 189 [[Commonwealth Law Reports|CLR]] 520|courtname=auto}}.</ref>

In 1992 the [[High Court of Australia]] judged in the case of ''[[Australian Capital Television Pty Ltd v Commonwealth]]'' that the [[Australian Constitution]], by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system.<ref name="AC TV v Cth HCA2">{{cite AustLII|HCA|45|1992|litigants=[[Australian Capital Television v Commonwealth]]|parallelcite=(1992) 177 [[Commonwealth Law Reports|CLR]] 106|courtname=auto}}.</ref> This freedom of political communication is not a broad freedom of speech as in other countries, but rather a freedom that only protects political free speech. This freedom of political free speech is a shield against government prosecution, not a shield against private prosecution ([[Civil law (common law)|civil law]]). It is also less a causal mechanism in itself, rather than simply a boundary which can be adjudged to be breached. Despite the court's ruling, however, not all political speech appears to be protected in Australia and several laws criminalise forms of speech that would be protected in republic countries such as the United States.{{Citation needed|date=November 2012}}

In 1996, [[Albert Langer]] was imprisoned for advocating that voters fill out their ballot papers in a way that was invalid.<ref name="Beach Contempt">{{cite AustLII|VSC|6|1996|litigants=Commonwealth Electoral Commission v Langer|courtname=auto}}.</ref><ref>{{cite web|author=Triple J|date=2004-06-30|title=The story of Albert Langer|url=http://www.abc.net.au/triplej/events/election_04/albertlanger.htm|url-status=dead|archive-url=https://web.archive.org/web/20080411101405/http://www.abc.net.au/triplej/events/election_04/albertlanger.htm|archive-date=2008-04-11|access-date=2007-05-05|publisher=Australian Broadcasting Corporation}}</ref> [[Amnesty International]] declared Langer to be a [[prisoner of conscience]].<ref>{{cite web|date=1996-02-23|title=Australia: Political activist becomes first prisoner of conscience for over 20 years (Albert Langer)|url=https://www.amnesty.org/en/library/info/ASA12/005/1996/en|access-date=2007-05-05|publisher=Amnesty International}}</ref> The section which outlawed Langer from encouraging people to vote this way has since been repealed and the law now says only that it is an offence to print or publish material which may deceive or mislead a voter.

The [[Howard government]] expanded [[Australian sedition law|sedition law]] as part of the war on terror. ''[[Media Watch (TV program)|Media Watch]]'' ran a series on the amendments on [[Australian Broadcasting Corporation|ABC television]].<ref>{{cite web|author=Media Watch (TV program)|date=2005-09-24|title=Seditious opinion? Lock 'em up|url=http://www.abc.net.au/mediawatch/transcripts/s1489465.htm|archive-url=https://web.archive.org/web/20051026023152/http://www.abc.net.au/mediawatch/transcripts/s1489465.htm|url-status=dead|archive-date=26 October 2005|access-date=2007-05-05|publisher=Australian Broadcasting Corporation (Australian)}}</ref>

In 2003,<ref>{{cite web|title=Scientists bitter over interference - National - theage.com.au|url=http://www.theage.com.au/news/national/scientists-bitter-over-interference/2006/02/12/1139679479548.html|access-date=28 January 2018|website=www.TheAge.com.au|date=13 February 2006 }}</ref> [[CSIRO]] senior scientist [[Graeme Pearman]] was reprimanded and encouraged to resign after he spoke out on [[Climate change|global warming]].<ref>{{cite news|last=Chandler|first=Jo|date=2006-02-13|title=Scientists bitter over interference|work=The Age|location=Melbourne|url=http://www.theage.com.au/news/national/scientists-bitter-over-interference/2006/02/12/1139679479548.html}}</ref> The Howard government was accused of limiting the speech of Pearman and other scientists.

In 2010, journalist [[Andrew Bolt]] was sued in the Federal Court over two posts on his ''Herald Sun'' blog in 2009. Bolt was found to have contravened the ''[[Racial Discrimination Act 1975]]'' (RDA) in 2011 following comments regarded to be representative of a "eugenic" approach to aboriginal identity.<ref name="Eatock v Bolt 2011">{{cite AustLII|FCA|1103|2011|litigants=[[Eatock v Bolt]]|parallelcite=(2011) 197 [[Federal Court Reports|FCR]]   261|courtname=auto}}.</ref><ref>{{cite news|last=BODEY|first=MICHAEL|date=2011-09-29|title=Bolt breached discrimination act, judge rules|work=THE AUSTRALIAN|url=http://www.abc.net.au/news/2011-09-28/bolt-found-guilty-of-breaching-discrimination-act/3025918|access-date=2014-07-30}}</ref> This prompted the federal government to propose changes to the Racial Discrimination Act but this has been met with stiff resistance.<ref>{{cite news|last1=Massola|first1=James|last2=Kenny|first2=Mark|date=2014-05-28|title=George Brandis forced to rethink discrimination act changes|work=Sydney Morning Herald|url=https://www.smh.com.au/federal-politics/political-news/george-brandis-forced-to-rethink-discrimination-act-changes-20140527-392gn.html|access-date=2014-07-30}}</ref>

In 2014 the [[Supreme Court of Victoria]] issued a blanket media gag order on the reporting of a high-profile international corruption case.<ref>{{cite news|last=Dorling|first=Philip|date=2014-07-30|title=WikiLeaks publishes 'unprecedented' secret Australian court suppression order|work=Sydney Morning Herald|url=https://www.smh.com.au/national/wikileaks-publishes-unprecedented-secret-australian-court-suppression-order-20140730-zyc6m.html|access-date=2014-07-30|archive-date=31 July 2014|archive-url=https://web.archive.org/web/20140731090724/http://www.smh.com.au/national/wikileaks-publishes-unprecedented-secret-australian-court-suppression-order-20140730-zyc6m.html|url-status=dead}}</ref> The gag order prevented the publishing of articles regarding bribes presented to high-ranking officials of Malaysia, Indonesia and Vietnam by senior executives of the [[Reserve Bank of Australia]] in order to secure the adoption of the Australian invented and produced [[polymer banknote]] technology.<ref>{{cite AustLII|VSC|246|2015|litigants=Director of Public Prosecutions (Cth) v Brady|date=16 June 2015|courtname=auto)}}.</ref>

==Australian Classification Board==
{{Main|Australian Classification Board}}
[[List of films banned in Australia|Certain films]], books and [[List of banned video games in Australia|video games]] have, in effect, been banned from sale in Australia because they have been “refused classification” by the Australian Classification Board which was founded in 1970. Materials are generally refused classification because of explicit violent or sexual content.

Although the [[Australian Classification Board]] Guidelines state that "adults should be able to read, hear and see what they want", many books are apparently banned or given a restricted classification simply because they may offend certain segments of the population.<ref name=":5">{{cite book|last=Moore|first=Nicole|title=The Censor's Library|publisher=[[University of Queensland Press]]|year=2012|isbn=9780702239168}}</ref> Under particularly frequent attacks are books containing [[erotica]], those concerning illegal [[Psychoactive drug|drug]]s, and those discussing end-of-life issues (particularly those discussing or condoning assisted suicide). For example, in December 2006 the [[voluntary euthanasia]] book ''[[The Peaceful Pill Handbook]]'' was classified by the OFLC as X18+ and approved for publication. A month later, on appeal from the Australian Attorney General [[Philip Ruddock]] and [[Right to Life]] NSW, the book's classification was reviewed by the Literature Classification Board and rated RC (refused classification).<ref name=":6">{{cite news|date=29 January 2007|title=The troubling question of life or death|newspaper=The Sydney Morning Herald|publisher=Fairfax Media|url=http://www.smh.com.au/news/national/the-troubling-question-of-life-or-death/2007/01/28/1169919213335.html|access-date=11 June 2010}}</ref><ref name="hmv">{{cite journal|last=Marr|first=David|year=2007|title=His Master's Voice: The Corruption of Public Debate Under Howard|url=http://www.nla.gov.au/openpublish/index.php/ras/article/download/713/769|journal=Quarterly Essay|volume=26|page=105}}</ref>

In 2000, [[Liberal Party of Australia]] [[Prime Minister of Australia|Prime Minister]] [[John Howard]] had the Australian Classification Board prohibit depictions of certain [[Sexual fetish|sexual fetishes]] including [[Wax play|candle wax]], [[Bondage (BDSM)|bondage]], [[Erotic spanking|spanking]], [[fisting]], and [[golden shower (urolagnia)|golden showers]].<ref>{{cite web|date=28 May 2016|title=How Buck’s Transsexual Adventures shaped John Howard’s porn policy|website=Crikey|url=https://www.crikey.com.au/2016/04/28/john-howards-history-chasing-waterfalls/|first=Josh|last=Taylor|quote=“Fetishes such as body piercing, application of substances such as candle wax, ‘golden showers’, bondage, spanking or fisting are not permitted.” This was implemented in September 2000 and set a new standard for the type of X-rated films that could be sold in Australia.}}</ref> Sexually explicit depictions of adults who appeared to look under 18 years of age were also prohibited by the Board.<ref>{{cite web|date=29 Jan 2010|title=Has Australia really banned small breasts?|website=Crikey|url=https://www.crikey.com.au/2010/01/29/has-australia-really-banned-small-breasts/|first=Ruth|last=B|quote=“The Australian Classification Board (ACB) has confirmed to Somebody Think Of The Children that a person’s overall appearance is used by the Board to determine whether someone appears to look under the age of 18 in a film or publication.”}}</ref> The [[Australian Sex Party]] accused these actions of censoring depictions of [[female ejaculation]] and censoring adult women with [[Bra size|small breasts]].<ref>{{cite web|date=29 Jan 2010|title=Sex Party scores big PR over small breasts|website=Crikey|url=https://www.crikey.com.au/2010/01/29/sex-party-hooplah-unfurls-against-backdrop-of-conroys-blacklist/|first=Andrew|last=Crook}}</ref>

== Banned publications ==
===Imports===
{{Rquote|right|"Publications, films, computer games and any other goods that describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence, terrorist acts or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults are not allowed."|[[Australian Border Force]] website<ref name="Border"/>}}

In Australia, the importation of certain books, video games, and media are prohibited based on its non-fictional or fictional contents. It was reported on in 2021, that the [[Australian Border Force]] stated that any depictions of sex, drug misuse or addiction, crime cruelty, violence, terrorist acts, or revolting content that offends moral standards and decency, are prohibited.<ref>{{cite web|date=24 Mar 2021|title=Australia urged to move on from ‘moral panic’ over video games after Disco Elysium banned|website=[[The Guardian]]|url=https://www.theguardian.com/games/2021/mar/24/australia-urged-to-move-on-from-moral-panic-over-video-games-after-disco-elysium-banned|first=Josh|last=Taylor}}</ref><ref>{{cite web|date=27 Oct 2021|title=Japanese Hentai Is Now Banned in Australia|website=[[Vice News]]|url=https://www.vice.com/en/article/japanese-hentai-is-now-banned-in-australia/|first=Gavin|last=Butler}}</ref><ref name="Border">{{cite web|date=1 Nov 2020|title=Can you bring it?|website=[[Australian Border Force]]|url=https://www.abf.gov.au/entering-and-leaving-australia/can-you-bring-it-in/list-of-items|archive-url=https://web.archive.org/web/20201101002835/https://www.abf.gov.au/entering-and-leaving-australia/can-you-bring-it-in/list-of-items|url-status=dead|archive-date=2020-11-01|quote=Illegal Porn}}</ref>  

===Book censorship until 1970===
Book censorship has existed in Australia since the 19th century.<ref>[https://web.archive.org/web/20050412075041/http://www.caslon.com.au/auscensorhistprofile5.htm  Chronology of censorship in Australia & New Zealand], caslon.com.au (archive.org copy). Retrieved 7 June 2021.Hon.</ref><ref>Hon. [[Bill Hayden|William George Hayden]], [https://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22hansard80%2Fhansardr80%2F1970-06-11%2F0144%22;src1=sm1 Censorship: The Future], aph.gov.au. Retrieved 7 June 2021.</ref> Each state had its own legislation, including:
*''Obscene and Indecent Publications Act 1901''<ref>{{cite web | title=Obscene and Indecent Publications Act 1901 No 12 [NSW] | website=Australasian Legal Information Institute (AustLII) | url=http://classic.austlii.edu.au/au/legis/nsw/num_act/oaipa1901n12315/ | access-date=17 April 2022}}</ref> (later ''Indecent Articles and Publications Act 1975'')<ref name=ss>{{cite web| url=https://simpsons.com.au/wp-content/uploads/chapter-10-freedom-of-expression.pdf| title= Restrictions on the Freedom of Expression| author=Simpsons Solicitors | access-date=17 April 2022}}</ref>
*''Police Offences Act 1958 '' ([[Victoria, Australia|Victoria]])<ref name=ss/>
*''Indecent Publications and Articles Act 1902-1983'' ([[Western Australia]])<ref>{{cite web | title=Indecent Publications and Articles Act 1902 (2 Edw. VII No. 14) | website=Australasian Legal Information Institute (AustLII) | date=19 February 1902 | url=http://classic.austlii.edu.au/au/legis/wa/num_act/ipaaa19022evn14404/ | access-date=17 April 2022}}</ref><ref name=ss/>

[[Norman Lindsay]]'s ''[[Redheap]]'' was the first book to be banned from import into Australia, in May 1930, under the Commonwealth ''Customs Act 1901''.<ref name=pierce>{{cite book | last=Pierce | first=P. | title=The Cambridge History of Australian Literature | publisher=Cambridge University Press | series=Cambridge histories online | year=2009 | isbn=978-0-521-88165-4 | url=https://books.google.com/books?id=fmLWrSgeOUgC&pg=PA150 | access-date=17 April 2022 | page=150}}</ref> This was before the establishment of the Commonwealth Book Censorship Board in 1933 by Prime Minister [[Joseph Lyons]]' United Australia Party, which was  renamed the Literature Censorship Board in 1937.<ref>{{cite journal| url=http://classic.austlii.edu.au/au/journals/CommsLawB/2010/9.pdf|title=Refused Classification| first= Jessica |last=Azzi|journal= [[Communications Law Bulletin]]| volume= 29| issue=1 |date=July 2010| access-date=17 April 2022| pages=21–23 }}</ref> The novel ''[[Upsurge (book)|Upsurge]]'', written by [[J. M. Harcourt]] and published in 1934,<ref name=austlit>{{cite web | title=J. M. Harcourt | website=[[AustLit]] | date=30 Sep 2008  | url=https://www.austlit.edu.au/austlit/page/A28289 | access-date=16 April 2022}}</ref> became the first Australian book to be officially [[ban (law)|banned]] under the guidelines of the Commonwealth Book Censorship Board<ref name=pierce/> It was initially banned as [[seditious]], later reviewed and the ban confirmed, ostensibly on grounds of [[indecency]]<ref>{{cite web | title=Banned |others= Review of an exhibition entitled ''Banned'' at the [[National Archives of Australia]]| first=Peter |last=Stanley | website=reCollections | date=17 April 2022 | url=https://recollections.nma.gov.au/issues/volume_8_number_1/exhibition_reviews/banned | access-date=17 April 2022}}</ref> and explicit depictions of sex under the [[#Banned publications|Indecent Publications Act]].<ref>{{cite news |url=http://nla.gov.au/nla.news-article181850896 |title="Upsurge" |newspaper=[[Telegraph (Brisbane)|The Telegraph]] |location=Queensland, Australia |date=16 August 1934 |accessdate=16 April 2022 |page=2 (City Final Last Minute News) |via=National Library of Australia}}</ref><ref>{{cite web | last=Bunyan | first= Marcus | title=J. M. Harcourt Upsurge | website=Art Blart | date=21 October 2021 | url=https://artblart.com/tag/j-m-harcourt-upsurge/ | access-date=17 April 2022}}</ref> However the main cause of its ban was its [[socialist]] tone and subversive agenda which criticised [[capitalism]],<ref>{{cite thesis| url=https://researchrepository.murdoch.edu.au/id/eprint/20654/2/02Whole.pdf| title=The Fellowship of Australian Writers (WA) from 1938 to 1980 and its role in the cultural life of Perth| first=Patricia |last= Kotai-Ewers|type=MPhil | publisher=[[Murdoch University]]| date= November 2013 |page=138}}</ref> featuring [[Communism|communist]] characters in its portrayal of life in the relief camps of the Depression.<ref name=austlit/>

In the 1960s, censorship laws came under pressure when "three intrepid Sydney activists,"<ref name="theconversation">Patrick Mullins, [https://theconversation.com/trials-of-portnoy-when-penguin-fought-for-literature-and-liberty-141525 Trials of Portnoy: when Penguin fought for literature and liberty], [[The Conversation (website)|The Conversation]] Retrieved 7 June 2021.</ref> [[Alexander William Sheppard]], Leon Fink and Ken Buckley, locally published [[D. H. Lawrence]]'s ''[[Lady Chatterley's Lover|The Trial of Lady Chatterley]]'' (Sydney, 1965),<ref>[https://www.worldcat.org/oclc/221080682 The trial of Lady Chatterley : Regins v. Penguin Books Limited], worldcat.org. Retrieved 6 June 2021.</ref> which was at that time banned in Australia,<ref>"Publisher to 'fight'", ''[[The Sydney Morning Herald]]'', 28 April 1965, p. 12.</ref> and Sheppard then published [[James Baldwin]]'s ''[[Another Country (novel)|Another Country]]'' (1966).<ref>"Ban on U.S. book may be lifted", ''The Sydney Morning Herald'', 15 May 1966, p. 28.</ref> In 1970, [[Penguin Books]] had three copies of ''[[Portnoy's Complaint]]'' smuggled into Australia and then secretly printed 75,000 copies of the book.<ref name="theconversation" /> In the early 1970s [[Don Chipp]], the federal Minister of Customs and Excise, largely ended censorship of printed material in the country, with Australians being able to read such books as ''Portnoy’s Complaint'' and [[Henry Miller]]'s ''[[Tropic of Cancer (novel)|Tropic of Cancer]]''.<ref>[https://biography.senate.gov.au/chipp-donald-leslie/ CHIPP, Donald Leslie (1925–2006)], senate.gov.au. Retrieved 7 June 2021.</ref>

== Press freedom ==
[[Freedom House]] reported in 2021 that although Australia's "constitution does not explicitly protect press freedom, journalists scrutinise lawmakers and the government, covering controversial topics generally without serious obstacles or risk of harassment or violence." However, it expressed concern about two police raids conducted in 2019, and the widespread use of judicial suppression orders.<ref name=":0">{{Cite web|title=Australia: Freedom in the World 2021 Country Report|url=https://freedomhouse.org/country/australia/freedom-world/2021|access-date=2021-05-23|website=Freedom House|language=en}}</ref> Press freedom may also be affected by the provisions of defamation law and the Commonwealth RDA, which are discussed in the following sections.

Australia has been on a decline on the [[Press Freedom Index]] curated by the [[Reporters Without Borders]], in reflection of rising media censorship and intimidation of journalists in the country, including media companies maintaining close ties to political leaders, fueling doubts about editorial independence.<ref name="RSFAU"/> Two giant firms dominate mass media in Australia – [[Nine Entertainment]] and [[News Corp Australia]], a subsidiary of American-based [[News Corp]]. The country was ranked 19th out of 180 countries in 2018, before subsequently dropping to 26th out of 180 countries for 2020 and 39th in 2022.<ref name="RSFAU">{{Cite web|url=https://rsf.org/en/country/australia|title=Australia {{!}} Reporters Without Borders|website=RSF|language=en|access-date=5 May 2022|archive-date=28 April 2022|archive-url=https://web.archive.org/web/20220428174928/https://rsf.org/en/country/australia|url-status=live}}</ref> 

=== National security ===
The Australian Government has occasionally acted against media outlets for reasons of national security. In June 2019, [[Australian Federal Police|federal police]] raided the Sydney offices of the [[Australian Broadcasting Corporation]] and the home of ''[[The Sunday Telegraph (Sydney)|Sunday Telegraph]]'' political editor [[Annika Smethurst]], seeking evidence against officials who may have leaked sensitive government information to journalists.<ref name=":0" /> Both raids were widely condemned in media and legal circles,<ref>{{Cite news|last=Berkovic|first=Nicola|date=8 June 2019|title=AFP raids: whistleblowers, national security and the right to know|work=[[The Australian]]|url=https://www.theaustralian.com.au/inquirer/afp-raids-whistleblowers-national-security-and-the-right-to-know/news-story/cacc26fd23f35c1427f42ffa532c8705|access-date=23 May 2021}}</ref> and led to a review.

=== Suppression and non-publication orders ===
Commonwealth, State and territory law provides for the suppression or non-publication of certain information regarding legal proceedings.<ref name=":0" /> This can be to avoid contaminating the jury pool, or to protect the identities of children and sexual assault victims. While these orders are generally targeted at journalists, in the past the transmission of television crime dramas has been delayed as a result.

The case of Cardinal [[George Pell]] is one cited by Freedom House.<ref name=":0" /> The conviction of one of the [[Catholic Church|Vatican's]] most senior officials made headlines around the world, yet a suppression order banned all Australian media outlets from reporting the story. The order was intended to avoid the verdict influencing a future trial involving separate charges (these were later dropped). Australians could, however, readily find the news on foreign websites. Melbourne's ''[[Herald Sun]]'' newspaper posted on its front page "CENSORED" in large print in protest of the ban, noting that international sources were reporting on a "very important story that is relevant to Victorians".<ref name="MEAA">{{cite news|date=2 May 2019|title=Suppression orders|website=[[Media, Entertainment and Arts Alliance]]|url=https://pressfreedom.org.au/suppression-orders-c237df7dfee5|access-date=24 April 2020}}</ref><ref name="ABCSuppress">{{cite news|last1=Younger|first1=Emma|date=27 February 2019|title=George Pell's trial for child sexual abuse was held in secret. This is why|work=ABC News|url=https://www.abc.net.au/news/2019-02-26/george-pell-trial-why-cardinal-court-case-held-in-secret/10233118|access-date=24 April 2020}}</ref> [[Victoria State Government|Victorian authorities]] later charged{{update-inline|date=June 2023}} 36 individual journalists and news organisations with breaching suppression orders related to the verdict.<ref name=":0" />

== Defamation ==
{{Main|Defamation#Australia}}
[[Law in Australia|Australian law]] of defamation developed primarily out of the English law of defamation and its cases, though now there are differences introduced by statute and by the implied constitutional limitation on governmental powers to limit speech of a political nature established in ''[[Lange v Australian Broadcasting Corporation|Lange v Australian Broadcasting Corporation (1997)]]''.<ref>{{cite AustLII|HCA|25|1997|litigants=Lange v Australian Broadcasting Company|parallelcite=(1997) 189 [[Commonwealth Law Reports|CLR]] 520|courtname=auto}}.</ref>

On 10 December 2002, the [[High Court of Australia]] delivered judgment in the Internet defamation case of ''[[Dow Jones v Gutnick]]''.<ref>{{cite AustLII|HCA|56|2002|litigants=Dow Jones and Company Inc v Gutnick|link=Dow Jones v Gutnick|parallelcite=(2002) 210 [[Commonwealth Law Reports|CLR]] 575|courtname=auto}}.</ref> The judgment established that internet-published foreign publications that defamed an Australian in their Australian reputation could be held accountable under Australian defamation law. The case gained worldwide attention and is often said, inaccurately, to be the first of its kind. A similar case that predates ''Dow Jones v Gutnick'' is ''[[Berezovsky v Michaels|Berezovsky v Forbes]]'' in England.<ref>{{cite web|author=Law Lords Department|title=House of Lords – Berezovsky v. Michaels and Others Glouchkov v. Michaels and Others (Consolidated Appeals)|url=http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldjudgmt/jd000511/bere-1.htm|url-status=dead|archive-url=https://web.archive.org/web/20000817003348/http://www.parliament.the-stationery-office.co.uk/pa/ld199900/ldjudgmt/jd000511/bere-1.htm|archive-date=2000-08-17|access-date=2010-09-07|publisher=Parliament.the-stationery-office.co.uk}}</ref>

Among the various common law jurisdictions, some Americans have presented a visceral and vocal reaction to the ''Gutnick'' decision.<ref>{{cite web|date=2004-10-25|title=Letter From the Editor – Barron's Online|url=http://online.barrons.com/public/article/SB109848511439553629.html|access-date=2010-09-07|publisher=Online.barrons.com}}</ref> On the other hand, the decision mirrors similar decisions in many other jurisdictions such as England, Scotland, France, Canada and Italy.

In 2006, uniform defamation laws came into effect across Australia.<ref>{{cite web|last1=Dixon|first1=Nicolee|date=2005|title=Research Brief No 2005/14: Uniform Defamation Laws|url=https://www.parliament.qld.gov.au/documents/explore/ResearchPublications/ResearchBriefs/2005/200514.pdf|access-date=6 September 2020|website=Queensland Parliament|publisher=Queensland Parliamentary Library}}</ref> In addition to fixing the problematic inconsistencies in law between individual States and Territories, the laws made a number of changes to the common law position, including:

* Abolishing the distinction between [[libel]] and [[slander]].<ref>{{cite web|title=''Defamation Act 2005'' (NSW) s 7.|url=http://www.legislation.nsw.gov.au/sessionalview/sessional/act/2005-77.pdf|publisher=legislation.nsw.gov.au|access-date=23 May 2021|archive-date=18 June 2017|archive-url=https://web.archive.org/web/20170618183630/http://www.legislation.nsw.gov.au/sessionalview/sessional/act/2005-77.pdf|url-status=dead}}</ref><ref name="mpearson">{{cite journal|last1=Pearson|first1=Mark|date=1 July 2007|title=A review of Australia's defamation reforms after a year of operation|journal=Australian Journalism Review|volume=29|issue=1|citeseerx=10.1.1.1030.7304}}</ref>
* Providing new defenses including that of triviality, where it is a defense to the publication of a defamatory matter if the defendant proves that the circumstances of publication were such that the plaintiff was unlikely to sustain any harm.<ref name=":1">{{cite web|title=''Defamation Act 2005'' (NSW) s 24.|url=http://www.legislation.nsw.gov.au/sessionalview/sessional/act/2005-77.pdf|publisher=legislation.nsw.gov.au|access-date=23 May 2021|archive-date=18 June 2017|archive-url=https://web.archive.org/web/20170618183630/http://www.legislation.nsw.gov.au/sessionalview/sessional/act/2005-77.pdf|url-status=dead}}</ref><ref name="mpearson" />
* The defenses against defamation may be negated if there is proof the publication was actuated by malice.<ref name=":1" />
* Greatly restricting the right of corporations to sue for defamation (see e.g. ''Defamation Act 2005'' (Vic), s 9). Corporations may, however, still sue for the tort of [[injurious falsehood]], where the burden of proof is greater than in defamation, because the plaintiff must show that the defamation was made with malice and resulted in economic loss.<ref>{{cite web|author1=Jack Herman|author2=David Flint|title=Australian Press Council – Press Law in Australia|url=http://www.presscouncil.org.au/pcsite/fop/auspres.html|url-status=dead|archive-url=https://web.archive.org/web/20101112041621/http://www.presscouncil.org.au/pcsite/fop/auspres.html|archive-date=2010-11-12|access-date=2010-09-07|publisher=Presscouncil.org.au}}</ref>

The 2006 reforms also established across all Australian states the availability of truth as an unqualified defense; previously a number of states only allowed a defense of truth with the condition that a public interest or benefit existed. The defendant however still needs to prove that the defamatory imputations are substantially true.<ref>{{cite web|author=Australian Law Reform Commission, 1979|title=Electronic Frontiers Australia: civil liberties online|url=http://www.efa.org.au/Issues/Censor/defamation.html|access-date=2010-09-07|publisher=Efa.org.au}}</ref>

== Racial Discrimination Act ==
{{Main|Racial Discrimination Act 1975}}

== Advertising bans ==
Commonwealth and State governments ban or restrict certain types of advertising in order to maintain the integrity of elections, personal injury law and the [[Pharmaceutical Benefits Scheme]]{{Citation needed|date=December 2021}}.

=== Personal injury lawyers ===
Lawyers in most Australian states are censored in respect of public statements they are allowed to publish concerning personal injury compensation law. Non-lawyers are also prohibited from publishing statements on the subject in some states. The laws are described as a ban on advertising of personal injury compensation but go much further.

The censorship must be self-administered, and breaches render a lawyer liable to prosecution, disbarment and, potentially, even jail. These laws coincided with the [[Australian tort law#The decline of HIH Insurance, the Ipp Review and beyond|Insurance Crisis]], the [[Australian tort law#The Ipp Report|Ipp report]] and [[Australian tort law#Effect of the "reforms"|Civil Liability laws]].

In New South Wales all lawyer public statements concerning personal injury compensation are prohibited.{{Citation needed|date=December 2021}}

====Queensland====
In Queensland television and radio advertising is banned and lawyer statements concerning personal injury compensation law must be censored so as to contain only:<ref name=":2">Personal Injuries Proceedings Act Qld (PIPA), ss 62 – 66.</ref>

* The lawyer's name, contact details and area of speciality (print and other "allowed publications" only);
* The operation of the law of negligence and a person's rights under that law (lawyers' websites only);
* The lawyer's terms of service (lawyers' websites only).

The Queensland censorship provisions were originally intended to ban distasteful advertisements by some personal injury law firms that promoted "cash for injuries". The Queensland Attorney-General stated in his Second Reading speech when introducing the legislation in 2002 as follows:

<blockquote>
The bill also better regulates provocative advertising by lawyers in relation to personal injury services ... the sort of advertising currently broadcast on radio and television does not enhance clients' rights or portray the profession in a particularly positive light.{{Citation needed|date=December 2021}}</blockquote>

Section 4 (2) (f) of the Queensland Act refers to "''regulating inappropriate advertising''..."

However the Queensland government has since given the censorship provisions the strictest possible interpretation and threatened hundreds of lawyers with prosecution.{{Citation needed|date=December 2021}}

One of the many outcomes that impact on freedom of expression and free speech is that concerning lawyers' web sites. A lawyer must not even list "personal injury" even merely as a link on a webpage that has no relation to the prohibited subject matter.

In practice, lawyers are prohibited from listing even on their website homepage some of the areas of law they practise in. Photos, images, slogans are prohibited. All references to personal injury compensation law must be censored out of website staff profiles containing anything more than the person's name, contact details and area of expertise.

Some other subject matter that must be censored out of web sites and other publications includes: winning verdicts and settlements; mention of the law firms reputation, expertise and history; testimonials; case histories; the standard of service and many other things that would allow consumers to differentiate among competitors.

The Queensland censorship provisions have not yet been judicially interpreted. It is unknown whether the ultra-strict interpretation contended for by the Queensland government will be upheld by a court.

====New South Wales====
In New South Wales, all statements by lawyers concerning personal injury compensation including on websites are banned and strict penalties apply. One lawyer has already been professionally punished and fined $20,000 for making a website statement.

The New South Wales version of the censorship law which is stricter than that of Queensland was considered by the High Court of Australia in 2005.<ref name=":3">APLA v Legal Services Commissioner NSW (2005) 219 ALR 413</ref> The plaintiffs argued that the law was invalid because it infringed the implied constitutional freedom of political communication and secondly that it infringed Chapter III of the Constitution and the rule of law.

In a majority decision the court held that the New South Wales censorship law was valid. It did not accept that statements merely about personal injury compensation law were of a political nature. It implied however that any statements criticising the censorship itself and tort "reform" would be in the nature of political communication that was protected. The majority also ruled against the plaintiffs on the second argument (but the minority were strongly of the view) that the law unreasonably interfered with lawyers going about their constitutionally protected vocation.

On 20 June 2008, Justice Adams of the Supreme Court of NSW held that clause 34 of the Legal Profession Regulation 2005 which bans personal injury advertising in NSW by non-lawyers, was void because it was Ultra Vires the Legal Profession Act 2004.<ref>''The Council of the Law Society of NSW v Australian Injury Helpline Ltd & Ors'' [2008] NSWSC 627.</ref>

====Victoria====
No censorship applies in Victoria.{{fact|date=January 2022}}

====Western Australia====
The Western Australian censorship rules are similar to those in Queensland. However, television advertising is permitted by ACMA.

====Consumer opposition====
The [[Australian Lawyers Alliance]] opposes the censorship and believes that "content-rich statements" concerning the availability of all legal services are in the public interest.<ref name=":4">{{cite web |url=http://www.lawyersalliance.com.au/public.php?id=25 |title=Australian Lawyers Alliance: Public Affairs |website=www.lawyersalliance.com.au |access-date=15 January 2022 |archive-url=https://web.archive.org/web/20120419063638/http://www.lawyersalliance.com.au/public.php?id=25 |archive-date=19 April 2012 |url-status=dead}}</ref>

Consumer groups (e.g. [https://web.archive.org/web/20080718173748/http://www.tortreforminstitute.com.au/news.html Tort Reform Institute], [https://web.archive.org/web/20160709011920/http://www.insurancereform.com.au/ Insurance Reform]) argue that any restriction on lawyer communication is adverse to the public interest. They argue that the public should be fully informed about their rights particularly under consumer protection laws that generate compensation payments, and that censorship that keeps the public under-informed cannot be justified. In their view, the protection of insurance company profits is not a sufficient "public purpose" to warrant the interference in personal freedoms by way of censorship. The ultimate aim of the government and insurers, according to such consumer groups, is to eliminate the expression "personal injury compensation" from the Australian vocabulary and to dissuade citizens from exercising compensation rights by making it "distasteful" to do so.{{Citation needed|date=December 2021}}

Exceptions to the censorship provision apply to:

*Insurance companies, who are permitted to advertise that personal injury claims can be made directly with them; or
*Statements concerning the defence of personal injury claims as opposed to the pursuit of those claims (except in New South Wales)

== Internet censorship ==
{{Main|Internet censorship in Australia}}

Some activists consider Australia's laws on Internet censorship to be amongst the most restrictive in the western world. However, the restrictive nature of the laws has been combined with almost complete lack of interest in enforcement from the agencies responsible.<ref>{{cite journal|last=Chen|first=Peter|year=2000|title=Pornography, protection, prevarication: the politics of Internet Censorship. (Australia)|journal=University of New South Wales Law Journal|volume=23|issue=1|pages=221–226}}</ref>

Some of the interesting exceptions include an attempt by then NSW Police Minister Michael Costa to shut down [https://web.archive.org/web/20100707074056/http://melbourne.indymedia.org/ Melbourne Indymedia], a case in 2001 involving the US Secret Service that was eventually pleaded out, and an attempt by the FBI using the Australian Federal Police to censor a Victorian they alleged was posting threats to the US.{{citation needed|date=July 2008}}

A collection of both federal and state laws apply, but the most important is the federal legislation which came into effect on 1 January 2000.

If a complaint is issued about material on the Internet, the ACMA is empowered to examine the material under the guidelines for film and video. If it is found that a) the material would be classified X18+, or b) the material would classified R18+ and the site does not have an adult verification system, or c) the material would be refused classification:<ref>{{Cite web|title=BROADCASTING SERVICES ACT 1992 - SCHEDULE 7 Content services|url=http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/bsa1992214/sch7.html|url-status=dead|archive-url=https://web.archive.org/web/20180409131047/http://www8.austlii.edu.au/cgi%2Dbin/viewdoc/au/legis/cth/consol_act/bsa1992214/sch7.html|archive-date=2018-04-09|access-date=2018-07-14|website=www8.austlii.edu.au|language=en}}</ref>

* If the site is hosted in Australia, the ACMA is empowered to issue a "takedown notice" under which the material must be removed from the site.
* If the site is hosted outside Australia, the site is added to a list of banned sites.

This list of banned sites is then added to filtering software, which must be offered to all consumers by Internet Service Providers and the Australian Government.

On 31 December 2007 the Telecommunications Minister of the newly elected Labor government, [[Stephen Conroy]], announced that Australia would introduce mandatory internet filtering. Once more the reason given is that mandatory filtering is required to "provide greater protection to children from online pornography and violent websites".<ref>{{cite web|date=31 December 2007|title=Conroy announces mandatory internet filters to protect children|url=http://www.abc.net.au/news/stories/2007/12/31/2129471.htm|archive-url=https://web.archive.org/web/20080101054613/http://www.abc.net.au/news/stories/2007/12/31/2129471.htm|url-status=dead|archive-date=1 January 2008|work=ABC News|publisher=Australian Broadcasting Corporation}}</ref>

As of November 2008, the plan includes two blacklists, one of which will filter illegal content according to internet content laws as well as other "unwanted" content, and the other will also filter content unsuitable for children. Internet users will be able to opt out of the secondary blacklist for children, but will not be able to opt out of the primary filter, sparking free speech concerns.<ref>[http://www.thestandard.com/news/2008/10/13/no-opt-out-filtered-internet The Industry Standard Channel – InfoWorld] {{webarchive|url=https://web.archive.org/web/20091209084407/http://www.thestandard.com/news/2008/10/13/no-opt-out-filtered-internet|date=9 December 2009}}. Thestandard.com.</ref> No statement has been made about what content will be considered "illegal", or what Stephen Conroy means by "unwanted".

Slated for blocking, should the "Clean Feed" Act be passed by Australia's Federal Parliament, is the website of Dr [[Philip Nitschke]]'s banned book, ''[[The Peaceful Pill Handbook]]''. The inclusion of Nitschke's euthanasia book's website came to light after the Government's list of would-be banned websites was leaked to [[wikileaks.org]]. ''The Peaceful Pill Handbook'' was listed on the leaked internet website blacklist, wedged in alphabetical order between the porn sites panty-ass.com and pickyourperversion.com.<ref>{{cite news|last=Duffy|first=Michael|date=22 May 2009|title=Web filtering pulls plug on euthanasia debate|newspaper=The Sydney Morning Herald / National Times|publisher=Fairfax Media|url=http://www.smh.com.au/opinion/web-filtering-pulls-plug-on-euthanasia-debate-20090521-bh0s.html|access-date=11 June 2010}}</ref>

This produced a huge backlash from the community, including the Get Up advertisement Censordyne.<ref>{{Cite web|date=9 July 2009|title=Censordyne: Net censoring gets a toothpasting|url=https://www.smh.com.au/technology/censordyne-net-censoring-gets-a-toothpasting-20090709-dec0.html}}</ref> Conroy eventually abandoned the proposal, saying that the relevant authority was already invested in ACMA, which didn't take any action in accordance.

Since the election of the Coalition government in 2013, there has been one act passed, that allows the blocking of websites that host pirated content,<ref>{{Cite web|date=22 June 2015|title=Laws to block foreign piracy websites pass Senate|url=http://www.abc.net.au/news/2015-06-22/government's-bill-to-block-foreign-piracy-websites-passes-senate/6565098|access-date=2015-11-27|website=ABC News|language=en-AU}}</ref> if the content provider has contacted the Australian government about it and they've gone through the procedures set out through the act, then the website will be blocked under s.115a of the ''Copyright Amendment (Online Infringement) Bill 2015.''

There has been two applications to Section.115a, one by Foxtel and another by Village Roadshow, which would prohibit an Australian pirate site from functioning and block The Pirate Bay respectively.<ref>{{Cite web|title=What's been blocked? - Tracking piracy websites that have been blocked in Australia|url=https://s115a.com/|access-date=2015-11-27|website=s115a.com}}</ref> The Federal Court has recently ruled that ISP's must block a range of Torrent sites including [[The Pirate Bay]] using either [[DNS hijacking|DNS Hijacking]], URL blocking or some other mutually agreed method by ISPs and rights holders.<ref>{{Cite news|date=2016-12-15|title=Pirate Bay to be blocked in Australia, Federal Court rules|language=en-AU|newspaper=ABC News|url=http://www.abc.net.au/news/2016-12-15/federal-court-orders-pirate-bay-blocked-in-australia/8116912|access-date=2016-12-15}}</ref>

There has been reports of individuals from Australia collaborating with Chinese [[Great Firewall]] security officials and other officials from [[Cyberspace Administration of China]] in implementing its data retention and filtering infrastructure and possibly obtained surveillance technology from China.<ref>{{Cite web|url=https://www.aspistrategist.org.au/the-company-with-aussie-roots-thats-helping-build-chinas-surveillance-state/|title=The company with Aussie roots that's helping build China's surveillance state|date=26 Aug 2019|access-date=Sep 22, 2022}}</ref>

On 20 March 2019 Australian telecom company [[Telstra]] denied access to millions of Australians to the websites [[4chan]], [[8chan]], [[Zero Hedge]], [[Voat]], [[Archive.today]], and [[Liveleak]] as a reaction to the [[Christchurch mosque shootings]].<ref>{{cite web|date=19 March 2019|title=4chan, 8chan, LiveLeak and Others Blocked by Australian Internet Companies over Mosque Massacre Video|website=[[Newsweek]]|url=https://www.newsweek.com/christchurch-attack-video-australia-block-internet-isps-telstra-vodafone-1368174}}</ref>

== Non-government forms of censorship ==
=== Universities ===

Concerns have been expressed by Freedom House and others about protections for freedom of speech and academic freedom at Australia's universities.<ref name=":0" /> In 2018, the Australian Government asked former [[Chief Justice of Australia|Chief Justice]] [[Robert French]] to conduct an independent review of freedom of speech and academic freedom in Australian higher education. While French disagreed that there was a "freedom of speech crisis" on campuses, he nonetheless noted the risks to freedom posed by the various and vaguely-worded protections then in place.<ref name=":7">{{Cite book|last=French|first=Robert|title=Report of the Independent Review of Freedom of Speech in Australian Higher Education Providers|publisher=[[Government of Australia]]|year=2019|location=Canberra|pages=13–14}}</ref> Concerns include the influence of the [[China|People's Republic of China]] on university administrations; '[[deplatforming]]' of controversial speakers and viewpoints; and demands that academics refrain from contesting one another's conclusions.

==== Deplatforming ====
Many Australian university campuses have seen protests by students and faculty against unorthodox or controversial viewpoints. Several universities refused to host [[Copenhagen Consensus Center|Copenhagen Consensus]] or [[Ramsay Centre for Western Civilisation|Ramsay]] research centres following left-wing protests.<ref name=":100">{{Cite book|last=French|first=Robert|title=Report of the Independent Review of Freedom of Speech in Australian Higher Education Providers|publisher=[[Government of Australia]]|year=2019|location=Canberra|pages=288}}</ref>

==== Internal criticism ====
Another threat is action by universities to silence internal criticism. In 2016, [[James Cook University]] sacked marine scientist [[Peter Ridd]] for publishing an article questioning the reproducibility of his colleagues' work on the [[Great Barrier Reef]]. The Federal Court later ruled the University had acted unlawfully, awarding Ridd more than $1 million in damages.<ref>{{Cite news|last=Charlie|first=Peel|date=6 September 2019|title=James Cook University ordered to pay Peter Ridd $1.2m for unlawful dismissal|work=[[The Australian]]|url=https://www.theaustralian.com.au/higher-education/james-cook-university-ordered-to-pay-peter-ridd-12m-for-unlawful-dismissal/news-story/a9a00f937b78d90520df00bccf78f94d|access-date=23 May 2021}}</ref>

=== Advertising boycotts ===
Campaigners including the anonymous American group [[Sleeping Giants]] have attempted to force certain [[Conservatism|conservative]] and [[Libertarianism|libertarian]] commentators off Australian radio and television by threatening to boycott broadcasters' advertisers. Targets of this approach have included both hosts, such as radio presenter [[Alan Jones (talkback host)|Alan Jones]] and former [[Chief Minister of the Northern Territory|Northern Territory Chief Minister]] [[Adam Giles]], and guests, such as former senator [[David Leyonhjelm]].<ref>{{Cite news|last=Albrechtsen|first=Janet|date=23 November 2018|title=Wake up to hashtag assassins|work=[[The Australian]]|url=https://www.theaustralian.com.au/nation/inquirer/wake-up-to-hashtag-assassins/news-story/a4a67faf156c76538af419ae4dbe76f2|access-date=23 May 2021}}</ref><ref>{{Cite news|last=Norington|first=Brad|date=30 October 2018|title=Online activists Sleeping Giants OZ call news report in The Australian a 'hate piece'|work=[[The Australian]]|url=https://www.theaustralian.com.au/nation/nation/online-activists-sleeping-giants-oz-call-news-report-in-the-australian-a-hate-piece/news-story/07e6d66aecdae2616d8832d735c14822|access-date=23 May 2021}}</ref>

=== Advertising standards ===
{{Main|Ad Standards}}

Standards for commercial advertising in Australia are enforced via industry self-regulation.

==See also==
{{Portal|Australia|Freedom of speech}}
* [[Laws governing public demonstrations in Australia]]
* [[2024 Cumberland book ban]]
* [[Pornography in Australia]]

==References==
<references />

==Further reading==
* Patrick Mullins, ''The Trials of Portnoy: How Penguin Brought Down Australia’s Censorship System'', Scribe, 2020.

==External links==
* [https://www.classification.gov.au/ Office of Film and Literature Classification]
* [http://www.zdnet.com.au/news/communications/0,2000061791,39159586,00.htm Australia extending censorship to Mobile platforms] {{Webarchive|url=https://web.archive.org/web/20060212031941/http://www.zdnet.com.au/news/communications/0,2000061791,39159586,00.htm |date=12 February 2006 }}
* {{usurped|1=[https://archive.today/20070927220509/http://www.amirbutler.com/archives/2004/07/01/14 Amir Butler: Why I have changed my mind on anti-vilification laws]}} (An article originally published in The Age newspaper)
* [http://www.refused-classification.com/ Refused Classification] – an online database of media either censored or banned in Australia
* [http://www.efa.org.au/Issues/Censor/cens1.html Internet Censorship in Australia]  by [[Electronic Frontiers Australia]] (EFA), a group that opposes government attempts to censor the Internet.
* [https://web.archive.org/web/20050402004957/http://libertus.net/ Libertus Australia], a website maintained by Irene Graham, the executive director of EFA.
* [http://www.polyester.com.au/ Polyester books], stockists of banned and controversial material.
* [https://web.archive.org/web/20050412075041/http://www.caslon.com.au/auscensorhistprofile5.htm Chronology of censorship in Australia and New Zealand]
* [http://theage.com.au/news/breaking/porn-banned-from-mobile-phones/2005/06/30/1119724742818.html Porn Banned from Mobile Phones] 30 June 2005. ''[[The Age]]''.
* [https://web.archive.org/web/20060716022221/http://intensehammerrage.deflection7.com/I/IHR/newspics.htm Intense Hammer Rage News Clippings] that describe their legal troubles.
* [https://web.archive.org/web/20070315043810/http://www.bannedmagazine.com/ Banned Magazine the Online Journal of Censorship and Secrecy]
* [https://web.archive.org/web/20070401102253/http://www.bannedmagazine.com/PhilipNitschkeQAbannedbook.03012007.0001.htm Philip Nitschke, aka Dr. Death, talks about the banning of his euthanasia book, The Peaceful Pill Handbook]
* [https://www.facebook.com/MediaCensorshipinAustralia Media Censorship in Australia], Facebook news page.

{{Censorship}}
{{World topic|prefix=Freedom of speech in|title=Freedom of speech by country}}
{{Internet censorship by country}}
{{Censorship and websites}}
{{Liberty}}

{{Portal bar|Australia}}

{{DEFAULTSORT:Censorship in Australia}}
[[Category:Mass media in Australia]]
[[Category:Censorship by country]]