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ARTICLE · 12 JULY 2021

Foreign influence laws survive free-speech challenge but doubt is cast on the implied freedom

Corrs Chambers Westgarth
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Australia's system of government carries with it the freedom to communicate on political and governmental matters.

AustraliaGovernment, Public Sector
David Anthony
David Anthony
Max Bail
Max Bail
Daniel Argyris
Daniel Argyris
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The High Court of Australia has rejected a free-speech challenge to the Commonwealth's Foreign Influence Transparency Scheme Act 2018 (FITS Act).  

In LibertyWorks Inc v Commonwealth of Australia, the Court held that the implied freedom of political communication was not impermissibly infringed by a requirement to register before undertaking communication activities on behalf of a foreign entity (registration requirement).

In a previous Insight, we explained the implied freedom and how, according to LibertyWorks, it was undermined by the registration requirement.

In short, the Court has recognised that Australia's system of representative and responsible government carries with it the freedom to communicate on political and governmental matters.1 

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