Australia is a democratic country that values and encourages freedom of speech. Despite this Australia has introduced a number of laws that restrict our freedom of speech in order to protect members of our society. An example of this is the prohibition of racial hatred speech. Another example is contempt of court for journalists.

New laws have been introduced to broaden freedom of speech restrictions on court reporting particularly for active court cases. This means that members of the press are banned from reporting on a court case in a manner that might cause bias in a jury or impact on witnesses. A wide variety of laws prohibit journalists from publishing certain aspects of matters before the courts. These include:

• sexual offences;
• any matter relating to a child;
• some family court proceedings; and
• closed courts and enquiries.

Communications can also be restricted to protect customers against misleading or deceptive advertising. Businesses cannot simply say whatever they want in order to increase their sales. Laws exist to protect customers from communications that are likely to mislead or deceive them when buying a product. More information about other areas of communications and media law can be found in our Copyright, Defamation and Privacy topics.

This Legal Guide on Communications and Media Law provides people working in all areas of media and advertising with a general overview of the law in Australia. You should familiarise yourself with the laws which apply in your state or territory and if in doubt check with your lawyer. Communications and media laws across the states and territories are not uniform and differ in their special restrictions. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Questions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.