Karen Grogan (SA, Australian Labor Party) Share this | Hansard source

The Albanese government is committed to a robust discussion of diverse views and opinions as a necessary part of a vibrant and effective democracy. Freedom of expression and peaceful assemblies are protected in Australia by domestic and international law, and implied freedom of political communication is enshrined in the Australian Constitution. That implied freedom can be limited or burdened but only by laws that are reasonably appropriate and adapted to serving a legitimate end and in a manner which is compatible with Australia's system of representative and responsible government.

The right to freedom of expression is also recognised in article 19 of the International Covenant on Civil and Political Rights, to which Australia is a party. Article 19(2) protects freedom of expression in any medium. That includes written and oral communications, the media, public protest, broadcasting, artistic works and commercial advertising. While the right extends to the protection of unpopular ideas, international law recognises that freedom of expression carries with it special responsibilities and may be restricted on several grounds when necessary, such as the protection of the rights or reputations of others, national security, public order or public health.

The right to peaceful assembly is recognised in article 21 of the International Covenant on Civil and Political Rights. The right to peaceful assembly protects the rights of individuals and groups to meet for a common purpose or to exchange ideas and information, to express their views publicly and to hold peaceful protest. The right extends to all gatherings for peaceful purposes, regardless of the degree of public support for the purpose of the gathering. However, the right applies only to peaceful assemblies and not to those involving any violence. The government is committed to upholding Australia's laws and its international commitments protecting freedom of expression and peaceful assembly.