Theophanous v Herald & Weekly Times Ltd

Theophanous v Herald & Weekly Times Ltd
Court High Court of Australia
Decided 12 October 1994
Citation(s) [1994] HCA 46, (1994) 182 CLR 104
Court membership
Judges sitting Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron, McHugh JJ

Theophanous v Herald & Weekly Times Ltd[1] is a landmark Australian judgment of the High Court. The matter related to implied freedom of political communication that the High Court has inferred, rests in the Australian constitution.

Background

Andrew Theophanous had been an Australian Labor Party member of the Australian House of Representatives since 1980. In 1992, he was the chairperson of the Joint Parliamentary Standing Committee on Migration. The Herald and Weekly Times published an article by Bruce Ruxton, "Give Theophanous the shove", which stated that Theophanous "appears to want a bias shown towards Greeks as migrants". Theophanous sued the Herald & Weekly Times and Ruxton for defamation.[1]

Decision

The judgment held that there was an implied constitutional freedom to publish material discussing government and political matters as well as the way that members of the Parliament of Australia conducted their duties and their suitability for office.

Significance

Just three years later, with a change in the composition of the High Court,[2] the court unanimously reversed the opinion in Lange v Australian Broadcasting Corporation. It held that no direct right to free speech could form a defence to defamation. Still, the case remains important in the development of the implied freedom.[3]

References

  1. 1 2 Theophanous v Herald & Weekly Times Ltd [1994] HCA 46, (1994) 182 CLR 104.
  2. ↑ Mason) CJ and Deane J had retired and Gummow J and Kirby J had been appointed.
  3. ↑ Lange v Australian Broadcasting Corporation [1997] HCA 25, (1997) 189 CLR 520.

Further reading


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