Australians' right to free speech

PS - for a different, interesting take on this topic, see https://johnmenadue.com/the-government-championing-free-speech-is-a-red-herring/

There has been quite a bit of commentary about the right of Australians to free speech, and that we don't have explicit definitions / protections / limitations of that. Well, setting aside for the moment that Victorians actually do have an explicit definition of that right (Section 15 of the Charter of Human Rights and Responsibilities), Australia is a party * to the International Covenant on Civil and Political Rights, one of the "twin Covenants" providing a legally enforceable version of the Universal Declaration of Human Rights. 

Complainants have to go through all avenues in Australia first, which makes this too expensive for the majority of Australians, but a mechanism to seek redress for breach of the Covenants does exist - see here. 

The Articles which may be of use or interest are (I've added emphasis to some parts):

Article 17

1. No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation.
2. Everyone has the right to the protection of the law against such interference or attacks.

Article 18

1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to have or to adopt a religion or belief of his choice, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
2. No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice.
3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others.
4. The States Parties to the present Covenant undertake to have respect for the liberty of parents and, when applicable, legal guardians to ensure the religious and moral education of their children in conformity with their own convictions.

Article 19

1. Everyone shall have the right to hold opinions without interference.
2. 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.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
      (a) For respect of the rights or reputations of others;
      (b) For the protection of national security or of public order (ordre public), or of public health or morals.

Article 20

1. Any propaganda for war shall be prohibited by law.
2. Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law.

Article 21
The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights and freedoms of others.

 

We have a definition and protection of free speech and other related rights.

* From this DFAT webpage, the Covenant came into force - except for Article 41 - on 13th November, 1980; Article 41 came into force in Australia on 28th January, 1993.