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ARTICLE · 03 MARCH 2020

High Court ruling restricts right to free speech in Australia

The public service argued that Ms Banerji had breached guidelines on the use of social media and making public comments.

AustraliaGovernment, Public Sector

In what is seen as a landmark decision against free speech, the High Court has ruled that a public servant should have been sacked after making comments that were critical of the federal government on an anonymous social media account outside work hours.

Michaela Banerji was sacked from her job at the Department of Immigration and Border Protection in 2013 when it was found she had been operating a Twitter account called @LaLegale that posted opinions criticising the government's immigration policies and treatment of asylum seekers.

Unofficial public comment tests limits of free speech

Even though Ms Banerji posted her opinions under a pseudonym and did so outside of work hours on her personal phone, the department said she had breached Australian Public Service Code of Conduct terms which aim to maintain an apolitical public service.

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