[LINK] AustIT: Heated debate on [online] free speech
Irene Graham
renelk@libertus.net
Wed Nov 27 13:48:36 EST 2002
On Wed, 27 Nov 2002 22:47:32 +1100 (EST) Howard Lowndes
<lannet@lannet.com.au> wrote:
>On Wed, 27 Nov 2002, Craig Sanders wrote:
[...]
>> uh, yes. that's the thing about free speech - it's a universal right
>> for everyone, not just those that happen to agree with you*/the
>> mainstream/the party line.
>
>Where do you get this idea from. There certainly is no _right_ to free
>speech in Australia, only the _right_ to freedom of political expression.
>[High Court case a few years back]
It's a universal right officially recognised by the Australian Government,
irrespective of the fact that Australian Governments to date have chosen
not to adequately and clearly recognise that right in Australian law.
The 'International Covenant on Civil and Political Rights' (ICCPR) was
ratified by the Australian Government on 18 December 1972, came into force
on 13 August 1980 and reservations to Article 19, and to other articles,
were withdrawn on 6 November 1984.
http://www.un.org/Depts/Treaty/final/ts2/newfiles/part_boo/iv_boo/iv_4.html
The ICCPR forms Schedule 2 of the Human Rights and Equal Opportunity
Commission Act 1986 (Commonwealth).
http://www.austlii.edu.au/au/legis/cth/num_act/hraeoca1986512/sch2.html
Article 19(2) of the ICCPR states:
"Everyone shall have the right to freedom of expression; this right
shall include freedom to seek, receive and impart information and ideas of
all kinds, regardless of frontiers, either orally, in writing or in print,
in the form of art, or through any other media of his choice."
If my memory serves me correctly, the Australian Government was one of the
principal 'activists' in development of the Universal Declaration of Human
Rights, back in about 1950, which subsequently led to development of the
ICCPR.
For some interesting propaganda (depending on one's point of view, and what
particular issue one may have in mind at the time) see:
Human Rights Manual:
http://www.dfat.gov.au/hr/hr_manual/
"'An unjust law is not a law.' - St Augustine (354-430 AD): On Free Will"
http://www.dfat.gov.au/hr/hr_manual/chp1.html
Irene
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