Australian Capital Television Pty Ltd v Commonwealth

(1992) 177 CLR 106, (1992) HCA 45 (1992)

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Australian Capital Television Pty Ltd v Commonwealth

Australia High Court
(1992) 177 CLR 106, (1992) HCA 45 (1992)

Facts

Australian Capital Television Party Limited (Australian Capital) (plaintiff) brought suit against the Commonwealth of Australia (the Commonwealth) (defendant) in the Australia High Court. Australian Capital challenged a law prohibiting any use of words that might affect the reputation of a member of the Industrial Relations Commission. Australian Capital argued that this law was invalid under the Australian constitution’s implied right of political communication. The Commonwealth, by contrast, argued that no such right existed under the Australian constitution.

Rule of Law

Issue

Holding and Reasoning (Mason, C.J.)

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