Do Australians have a right to freedom of speech?

  Рет қаралды 26,923

The Law Society of NSW

The Law Society of NSW

6 жыл бұрын

Australia is a democratic country and most Australians grow up thinking we have a right to “free speech”. But is this really true?

Пікірлер: 163
@ChrismateiS
@ChrismateiS 3 жыл бұрын
I laughed when she said “we have a freedom of expression, but not a freedom to offend”. That is so contradictory, without counting the fact that offence is a subjective matter, while freedom itself is objective. Australia is extremely flawed when it comes to freedoms. Freedoms such as speech should not be ‘granted’, rather, they should be upheld. Maybe my home Australia will change, soon.
@yaboi9419
@yaboi9419 3 жыл бұрын
Exactly. The rules aren’t even clear either. What if the police and judges decide to enforce any phrase that could be taken as an insult? I could see this easily including a lot of political speech.
@spiritangel1367
@spiritangel1367 2 жыл бұрын
@Aussie Pom How do we know, that they're not doing that, just now..!? We all know that, "they'll only tell us, what they only want us to know"..!! As it is, they're making their own rules up, as they go. And "apparently" we already have rules in place for us..!! And yes, ppl r gunna ask/say how, why & when etc.. etc.. The Government r so Corrupt..!! It wouldn't surprise me. Nothing would, when it comes to the Government..!!
@progamerzach1
@progamerzach1 2 жыл бұрын
Sounds like doublethink.
@Centrifugal-
@Centrifugal- 2 жыл бұрын
Never
@laptv2144
@laptv2144 2 жыл бұрын
I hope young people such as my generation change that as we grow into society. No longer should the government be able to oppress peoples’ liberties under the ambiguous guise of stopping “offense”. No man should tell another what he can think and say in a free land, any government saying otherwise is at least partially tyrannical from my American perspective.
@renegadeone2058
@renegadeone2058 3 жыл бұрын
Freedom of speech is to say whatever u want, when u want, how u want, wherever u want! If there are restrictions then it isn’t freedom of speech. Simple!
@chinogambino9375
@chinogambino9375 3 жыл бұрын
Speech isn't just sound that comes out of your mouth, it is better expressed as 'thought'. Freedom of speech doesn't permit threats and intimidation or libel, its meant to be a principle that protects your ability to express your thoughts, creatively, politically and religiously.
@chinogambino9375
@chinogambino9375 Жыл бұрын
@YASHARALAH KONNICHIWA ARIGATO Yes, as a principle. Australia doesn't accept freedom of thought and expression as a right though. People have a right not to be offended here and 'offensive' art can be an offense. Here the argument is free speech just means the public and press can debate policy freely without the threat of sedition charges, its based on need and utility. Even if we did have the right there are always limitations, you can say pretty much anything in the US at anytime but not anywhere. Like people can't walk around in public spaces with pornographic material printed on their shirts. Its usually pretty reasonable.
@micclay
@micclay 2 ай бұрын
You can say whatever you want as long as it's not on the prohibited list or anything else that those who rule you don't like.
@mrtracyut
@mrtracyut 2 жыл бұрын
Shocking. Australia needs a BILL OF RIGHTS NOW!!
@robertsweet5212
@robertsweet5212 5 жыл бұрын
Sad, very sad. I wonder how many people realise how stifled we are. And the worse thing is when people self-censor themselves.
@davidstokes8441
@davidstokes8441 2 ай бұрын
We are a lot better off than some countries who have a "freedom of speech" right - the great USA being one, now the United Kingdom with "so called "Hate Sprech"
@alpineregionalnews9740
@alpineregionalnews9740 5 жыл бұрын
I have never given anyone permission to curtail my freedom of speech. Megalomaniac governments can inflict violence upon me for speaking but my right to speak is innate.. It exists regardless of some statute bullshit that some stranger writes. A far greater crime than speaking is the countless acts of intimidation and violence that the corporate "government" perpetrates continuously.
@renegadeone2058
@renegadeone2058 3 жыл бұрын
💯
@teresamonica8387
@teresamonica8387 2 жыл бұрын
Especially now
@fagbag999
@fagbag999 Жыл бұрын
If you're alleged right existed under CC then it would require your permission to bring about the abridgement of that freedom ie. Amendment under 128. There is no right, expressed or implied
@brianhogg9857
@brianhogg9857 Жыл бұрын
you have the freedom to state your mind or express your opinion so long as when you do so you do not cause me some harm which is based on an untruth. If you do then I can apply to the Courts to recover damages from you. I you maliciously invent an accusation against me and someone decides to do me physical harm then under statute law (the Crimes Act) you could be charged with incitement to cause violence. Under the Australian system you have responsibilities. you have freedoms when you exercise those freedoms responsibly
@chapeau62
@chapeau62 3 жыл бұрын
There is never balance it is who has the POWER to say what where and when.
@lordbambithird8919
@lordbambithird8919 4 жыл бұрын
This hurts to watch.
@lordbambithird8919
@lordbambithird8919 4 жыл бұрын
this is what causes dictatorships.
@redalert2389
@redalert2389 3 жыл бұрын
I've been saying this for years, finally something that doesn't require me to point people in the direction of paperwork to show them.
@yaboi9419
@yaboi9419 3 жыл бұрын
It’s all good until the police start enforcing the insult law more harshly
@sheavague7058
@sheavague7058 Жыл бұрын
I'd rather not have their discretion on what I say.
@MolecularArts
@MolecularArts 2 жыл бұрын
“we have a freedom of expression, but not a freedom to offend”. Great for professional victims who love to take offence to everything!
@charliemarkovic4301
@charliemarkovic4301 Жыл бұрын
We need a bill of rights.
@johnferguson5930
@johnferguson5930 2 жыл бұрын
Thank you, this was highly informative and very scary.
@THEFALCON58
@THEFALCON58 Жыл бұрын
Australia has an act not a bill of rights which means the govoment can change the act,as the govoment has done.?
@chapeau62
@chapeau62 3 жыл бұрын
In Australia we are FORCED to vote for either Labor or Liberal, yes forced, if we vote for somebody else we still have to vote either Labor or Liberal. Think about that. Most things I care about are bipartisan. That means it doesn't matter who you vote for you vote for the same lizards.
@yaboi9419
@yaboi9419 3 жыл бұрын
That’s what I hate about modern day political systems
@milkglassfairy7641
@milkglassfairy7641 2 жыл бұрын
We’re forced to VOTE. Full stop. Or face a fine. We don’t even have the right to say no I don’t want to vote… without getting fined… why?
@milkglassfairy7641
@milkglassfairy7641 2 жыл бұрын
@Aussie Pom you still have to register to vote. Such a hassle. Politics is a lie… it doesn’t change a thing honestly, they are the same party no matter if labour or lib wins… so. I’m happy not voting. And not paying my fine either. What are they going to do? I don’t have a license they can suspend.
@jamiesonscott7577
@jamiesonscott7577 Жыл бұрын
Which Constitution are you referring to? Constitution 1900? Or the Australia Act 1986 corporate constitution?
@CondemnedInformer
@CondemnedInformer 5 жыл бұрын
Freedom of Speech or NOTHING, hate speech does not exist. Incitement to violence should be the ONLY restriction of freedom of speech, because that's when words suddenly become meaningless.
@perdedor3571
@perdedor3571 5 жыл бұрын
torts for demonstrable damages as a result of speech should also be allowed. For instance if you intentionally lie about a product that I sell and I can prove that lie resulted in damages to my brand or the sales of the product, you should be liable to cover those damages. This is where liable and slander comes in.
@JoeBidenator1564
@JoeBidenator1564 4 жыл бұрын
@Rusty Shackleford The U.S is run by Cronies Capitalists, wish it weren't true but it is. I bet the same problems are in other countries too.
@blackprince4074
@blackprince4074 Жыл бұрын
I rely on the old school yard sayings of the 1950's "sticks and stones may break my bones BUT words will never hurt me".
@dsabre4990
@dsabre4990 2 жыл бұрын
Freedom of expression without freedom to offend. That's just a stupid way of saying you have no free speech.
@THEFALCON58
@THEFALCON58 Жыл бұрын
article 19 of the international law freedom of expression=the law no bad language.
@david-dj8or
@david-dj8or 4 жыл бұрын
It helps to be in a position of power to say what you want. I had worked at a school run by Sisters of Mercy nuns. A cover up needed to take place so to discredit me the school leaders placed a written false report about me in my file. I told other staff the true story and was sacked for speaking. My union said the boss has the right to sack me for bringing them into disrepute even if I spoke the truth, had a need to speak and the truth is not in dispute. Also this video owner has the power to silence my freedom of speech with a click of the button. I have also noticed that when my youtube comments get deleted the comment is still there if I are logged in but I are the only person who can see the comment. I will write a comment that I make, which gets deleted all the time. I will click out of this comment and if you don't see a comment about Thomas Hamilton (Dunblane) you will know my next comment was deleted. Also my story about what happened at the school is too long for here but if people wished to read google innuendo test blog and google white lies test blog.
@vickikay54
@vickikay54 Жыл бұрын
I think you mean the "Sisters of No Mercy". (I used to work for them)
@davidgalloway266
@davidgalloway266 3 жыл бұрын
High court implied right has been up held. Lets not forget Kirby's ' some commonlaw rights are so deeply imbedded that parliament may not over ride.' A bill of rights is less secure because it is merely another act of parliament and can be manipulated for political ends.
@1objective688
@1objective688 4 жыл бұрын
We have rights under the Commonwealth Constitution.
@l.a.8010
@l.a.8010 3 жыл бұрын
which rights?
@jamesgee8225
@jamesgee8225 3 жыл бұрын
Great video! Can we have one on Freedom of movement or assembly?
@mattheweraci5502
@mattheweraci5502 2 жыл бұрын
How does the law see Reappropriation Vocabulary. Such as, the cultural process by which a group reclaims words. Aka cultural context of the use of the N-word amongst African Americans within their own communities?
@johney3734
@johney3734 2 жыл бұрын
thanks for up load
@karenpowell3800
@karenpowell3800 Жыл бұрын
Actions speak louder than words. Argh I wish they would get paid enough so they don’t need to abuse.
@david-dj8or
@david-dj8or 4 жыл бұрын
A lot is written about the damage done to children who were abused. But the damage done to those falsely accused can be just as devastating. Thomas Hamilton (Dunblane) had his life made miserable by people calling him a pedophile and pervert. He hit out by shooting 16 children and the teacher dead. I are yet to read about a single child or parent to come forward to directly accuse Hamilton of even a minor sexual offence so it seems to me he was falsely accused. It might be just a matter of time before an innocent man gets falsely accused and explodes like Hamilton did.
@karenpowell3800
@karenpowell3800 Жыл бұрын
Men’s dopamine rush is more of a priority and is protected right but me getting sleep is illegal?
@chuckitaway466
@chuckitaway466 2 жыл бұрын
We were transferred as cattle under the states from the UK, with a dash of federalism It was all about the management.. We have not fought for freedom against tyranny as a people. Creation of a two tiered society could be the start of a revolution. By unification of diverse groups who have a common tyrannical enemy, there will be sufficient numbers for at least a political reversal of overrreach.
@kixthemedic
@kixthemedic Жыл бұрын
bro my school made me pull up to this shit where are the RDR2 references???
@vinceraimondo6472
@vinceraimondo6472 Жыл бұрын
bad school
@Bjornlooser
@Bjornlooser 5 жыл бұрын
The law in Australia doesn't provide for free speech, but it can and does restrict what the people who created it are allowed to say, hear, read, think and do (No different to Pol Pot or Kim jong un really?). Australians fought and died defending this country from fascism, communism and currently religious fanaticism. They stopped and are still trying to stop any attempts at controlling our rights and freedom including we are allowed to say and think. So I also get "offended" when I hear people so blithely sacrificing what few rights we have left as if it's nothing, and not being able to do a thing about it, except at election time. Unfortunately, the big three all support replacing what little Australian culture there is with multiculturalism (or a type of Disneyland multiculturalism with all the costumes and none of the bad bits like ethnic and religious violence that these same people supposedly escaped from and left behind to start a new life in Australia. If I want to see another culture I can visit unless it's unsafe and they might kill me in the name of their religion because of what I look like (i.e. white Australian male, an endangered minority like the rhino in a world context). My right to swing a fist ends where the other persons nose begins. It shouldn't extend to someone being arrested and imprisoned just because they've hurt someone else's feelings by what they say, if they genuinely believe it). It's called being an adult. Otherwise both parties end up being offended, and then who is right? Is it fair one side should be legally gagged and intimidated for having genuine concerns about an issue. This is unjust and quite reasonably causes resentment and frustration and if not addressed goes underground and festers, which is literally just hiding the problem. So yeah let's have free speech, We deserve it.
@Flymagnet
@Flymagnet 4 жыл бұрын
Spot on. We are born with a right to freedom (speech, movement etc) and we must not surrender it. BTW do people know how many Australians got to vote for the constitution 1900?Look it up, you might be unpleasantly surprised.
@rtmis1
@rtmis1 Жыл бұрын
The government doesn't get to tell me what my rights are. Only God does
@infinightsky
@infinightsky 6 жыл бұрын
Australia is so embarrassing
@DavidBrowne-wx7cm
@DavidBrowne-wx7cm 5 жыл бұрын
Who determines what these bounds of freedom of speech should be. It is fairly obvious that Silicon Valley has taken on that role on their associated platforms BUT is that their role?
@karenpowell3800
@karenpowell3800 Жыл бұрын
What’s the worst thing that could happen if we had a bill of human rights?
@2wuv
@2wuv 3 жыл бұрын
Cool vid I watched it in class 🤗🤗
@alexforget
@alexforget 2 жыл бұрын
What happend if you offend someone? They bring you to court?
@user-ui5bo5um8m
@user-ui5bo5um8m 7 ай бұрын
Whilst I agree that Australia needs a Bill of Rights, I disagree that we need it 'now'. Our parliament is currently infested with virtue signaling far-left ideologues. Can you imagine what would end up in it?
@jingleberrybush8093
@jingleberrybush8093 5 ай бұрын
True 😳
@hospitalsgivingpatientsdan8894
@hospitalsgivingpatientsdan8894 Жыл бұрын
SO REGULATED WE MIGHT AS LIVE IN CHINA
@goosesteppa7642
@goosesteppa7642 4 жыл бұрын
Under international law. The British invaded Australia, so the Australian government is breaking the law making laws.
@ganjafi59
@ganjafi59 2 жыл бұрын
Sadly does not count as international law as we know it more or less happened after WWII. So all events before that are not going to be looked at through modern interpretations of international law.
@rhzyo
@rhzyo 2 жыл бұрын
You could say that against any country :/
@datwistyman
@datwistyman 2 жыл бұрын
No we don't and never had that freedom.
@qinshihuang4966
@qinshihuang4966 Жыл бұрын
the government and Australian Human Right Commission will learn what real harm looks like once their citizens take up arms
@laptv2144
@laptv2144 2 жыл бұрын
No you do not have freedom of expression if that expression is subjectively determined to be wrong or right by another person or entity lady.
@beecat9038
@beecat9038 5 жыл бұрын
Oh...
@TheSilmarillian
@TheSilmarillian 2 жыл бұрын
So what about scotty from marketing's unconstitutional nation cabinet (read star chamber) after he suspended parliament Australia being one of the few countries to allow that to happen????That is why all the con virus rules have been expressed as rules and not law as they where not legislated through a sitting parliament and passed as laws.The use of the emergency health act is so fraught with holes it makes Swiss cheese look whole .
@karenpowell3800
@karenpowell3800 Жыл бұрын
Yah not allowed to say what you want but doctors can do whatever they want to your body.
@paulmarshall248
@paulmarshall248 8 ай бұрын
yeh but that is okay if I have no rights as an Australian ... I'm an Aussie we accept anything from the government as long as it's for our health and safety..
@topskek9786
@topskek9786 Жыл бұрын
Westerners deserve this. You allowed it to get this far. There is no voting your way out now lol
@dmomcilovic9185
@dmomcilovic9185 2 жыл бұрын
This has not aged well.
@richlisola1
@richlisola1 Жыл бұрын
Fun fact-If you’re right to Free Speech is at the mercy of the government. It’s a privilege, not a right. Revocable.
@davidparker4859
@davidparker4859 Жыл бұрын
You should all learn the Constitution of the Commonwealth of Australia. Those are our true laws and it's written in plain English for everyone to understand because they are OUR LAWS. If you don't learn them they cannot protect you.
@cheech1jay
@cheech1jay Жыл бұрын
NO
@nessawoolley3869
@nessawoolley3869 Жыл бұрын
We are not slaves, take your rights dont ask for them..
@eabaendallbeall7959
@eabaendallbeall7959 6 жыл бұрын
Good luck.
@juliusevola4135
@juliusevola4135 2 жыл бұрын
I love how this a endorsement to Murica
@shantishanti1949
@shantishanti1949 10 ай бұрын
How can an Australian Comedian make. a living if its freedom of expression but not a freedom to offend ? People can choose to get offended over anything....
@karenpowell3800
@karenpowell3800 Жыл бұрын
Men get free babies and sex but I’m not allowed to sleep on a bed. No body needs sex but people need sleep.
@shadowaussien7743
@shadowaussien7743 2 жыл бұрын
Democratic country have Bill of Rights, why is Australia only country with out a Bill of Rights why is that, new Zealand has a Bill of Rights to protect their citizens against government abuse and neglect of freedom and privacy from the government its not just amercia not only. That the Bill of. Rights should protect Aussies from joining the world so if war happens Volentueer service could be forced on Aussies!!!!
@boar7153
@boar7153 Жыл бұрын
In my opinion,Australia has one of most pathetic government and laws system iv seen.
@dontscrewwithgodschosen6692
@dontscrewwithgodschosen6692 Жыл бұрын
🧚🏻‍♂️☯️🌏
@JellyEpicness
@JellyEpicness 6 жыл бұрын
Embarrassing
@BiggerDreamer
@BiggerDreamer 3 жыл бұрын
Answer is no
@nostalgiaof98
@nostalgiaof98 Жыл бұрын
Okay let's give this university content a whirl, surely can't be too bad ...one sentence in and you're already fuckin wrong. Okay so this was freedom of speech on a legal, big picture stage, but what about on a social and day to day occurrence? Didn't think a uni would wanna hint as to why they might be wrong on fuckin everything
@ashleypeadon8009
@ashleypeadon8009 Жыл бұрын
Tf you on about mate?
@laptv2144
@laptv2144 2 жыл бұрын
Let me sum this video’s long winded ambiguity up in short: No
@david-dj8or
@david-dj8or 4 жыл бұрын
A lot of people get falsely accused of sexual offences against children. Informers have the right to say what they like and stay anonymous and the accused is not even allowed to know what was said. About 1990 a sexual offender was active who abducted young girls and when he finished with them, he released them. But Karmein Chan was not released but murdered. The police and media called on the public to nominate a suspect. 27,000 men were named. Of these 73 were charged with an offence (not connected to the murder) 73 in 27,000 is about 1/4 of 1% so that suggests how easy it is to get falsely accused or suspected. (That was just a background as to why I make the next comment that keeps getting deleted)
@laptv2144
@laptv2144 2 жыл бұрын
that’s why civil law exists for suing people who slander or libel your name. That’s not an excuse for not having the freedom of speech.
@david-dj8or
@david-dj8or 2 жыл бұрын
@Aussie Pom The situation you just mentioned, at least those involved were told what they had alegded to have done. In my case I was not even allowed to know what was said about me. The police contacted the school where I had worked to ask questions. The media had been telling what a great job the police were doing by uncovering nests of pedophiles. I think that a pedophile witch hunt is taking place and even being friendly to a child is enough to get accused of being a pedophile.
@lotsofsparks32
@lotsofsparks32 4 жыл бұрын
Australian freedom doesn't exist. Even if you aren't poor and can pay the freedom taxes ( for smoking, drinking and permits for camping like activities like sites, fires, singing fishing and hunting etc.) can you call it freedom if you can't order a beer after 11 pm? I laughed at the movie the demolition man back in the day believing that level of control with never exist. boy am I surprised now.
@hosborne7408
@hosborne7408 2 жыл бұрын
Constitution? What is this constitution you speak of? On numerous occasions, when pressing (formerly Commonwealth) 'Public Servants' about Constitutional rights I've been told "the Constitution is no longer relevant" apparently after duping Elizabeth R into giving assent to the Whitlam Government's treasonous act of Defacing of the Great Seal of the Commonwealth then with Royal assent, replaced with New Great Seal of Australia proclaiming the Queen of Australia without due process by way of the Royal Style and Titles Act 1973 plus the Australia Act 1986 rid us of boring old 'The Commonwealth of Australia' title giving us the likes of 'Australian Government'. All done without a Referendum vote by all eligible citizens
@montey3407
@montey3407 3 жыл бұрын
No
@blackprince4074
@blackprince4074 Жыл бұрын
I thought that the UN charter which Australia is a signatory gives, us Australians the right to free/freedom of speech! Correct me if I am wrong please. Please cut to the chase too much word salad, don't compare USA to Australia.
@magusd123
@magusd123 3 жыл бұрын
This is fucking enbarrasing
@johnmerton3630
@johnmerton3630 2 жыл бұрын
No men working here?
@LiterallyGod
@LiterallyGod 2 жыл бұрын
PATHETIC
@assfuckthatbitch
@assfuckthatbitch Ай бұрын
You cannot have an opinion without risking offence
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