The Federal Court's decision to overturn the anti-annoyance regulation might seem to be a clear victory for the activists. This is an incorrect reading of the case. The court did not strike down the law because it infringed basic rights. It fell over on a technicality that can easily be repaired.
The Federal Court decision illuminates the fragile nature of freedom of speech in Australia. The right deserves better protection than the legal presumption that Parliament does not intend to breach the right unless it sets this out in clear terms. It is long past time that such an important freedom was safeguarded in a national charter of human rights. - George Williams and Nicola McGarrity, The Sydney Morning Herald (click below for full article)
