Theophanous v Herald & Weekly Times Ltd

Theophanous v Herald & Weekly Times Ltd (1994) 182 CLR 104. is a landmark Australian judgment of the High Court. The matter related to implied freedom of political communication that the High Court has inferred, rests in the Australian constitution.

The now superseded judgment held that there was an implied Constitutional freedom to publish material discussing government and political matters, and the way that members of the Parliament of Australia conducted their duties and their suitability for office.

The court reversed this opinion in Lange v Australian Broadcasting Corporation where they held that no direct right to free speech could form a defence to defamation. Despite this, the case remains important in the development of the implied freedom.

References

Parliament of New South Wales (Australia). "Defamation and the Right to Political Communication". Retrieved 22 August 2012.

Williams, George. "The State of Play in the Constitutionally Implied Freedom of Political Discussion and Bans on Electoral Canvassing in Australia: Research Paper 10 1996-97 (Law and Bills Digest Group) Australian Federal Government.". Retrieved 22 August 2012.

Tony Blacksheild and George Williams, Australian Constitutional Law and Theory 5th Ed. 2010, Federation Press(Sydney), page 1272.