Lange v Australian Broadcasting Corporation | |
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Court | High Court of Australia |
Full case name | David Lange v Australian Broadcasting Corporation (ABC) |
Decided | 8 July 1997 |
Citations | [1997] HCA 25, (1997) 189 CLR 520 |
Court membership | |
Judges sitting | Brennan CJ, Dawson, Toohey, Gaudron, McHugh, Gummow and Kirby JJ |
Case opinions | |
(7:0) The Court decided to reconsider Theophanous and Stephens, and decided that those cases were incorrect. The Constitution does not confer personal rights as to the implied freedom of political communication |
Lange v Australian Broadcasting Corporation[1] is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Australian Constitution, but found that it did not necessarily provide a defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication.[2]