Certain subject-matter in Australia is subject to various forms of government censorship. These include matters of national security, judicial non-publication or suppression orders, defamation law, the federal Racial Discrimination Act 1975 (Cth), film and literature (including video game) classification, and advertising restrictions.
Some forms of censorship are not administered directly by the government or courts. For example, some foreign websites have on occasion been blocked by Australian internet service providers. More recently, concerns have been raised as to the level of academic freedom enjoyed at Australia's public universities. Outside of these matters, standards for television, radio, recorded music, the press and most commercial advertising are enforced, in the first instance, by means of industry self-regulation.
Legal protections
Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, with the exception of political speech which is protected from criminal prosecution at common law per Australian Capital Television Pty Ltd v Commonwealth. There is however an "implied freedom of political communication" that was recognised in Lange v Australian Broadcasting Corporation.
In 1992 the High Court of Australia judged in the case of Australian Capital Television Pty Ltd v Commonwealth that the Australian Constitution, by providing for a system of representative and responsible government, implied the protection of political communication as an essential element of that system. This freedom of political communication is not a broad freedom of speech as in other countries, but rather a freedom that only protects political free speech. This freedom of political free speech is a shield against government prosecution, not a shield against private prosecution (civil law). It is also less a causal mechanism in itself, rather than simply a boundary which can be adjudged to be breached. Despite the court's ruling, however, not all political speech appears to be protected in Australia and several laws criminalise forms of speech that would be protected in republic countries such as the United States.
In 1996, Albert Langer was imprisoned for advocating that voters fill out their ballot papers in a way that was invalid. Amnesty International declared Langer to be a prisoner of conscience. The section which outlawed Langer from encouraging people to vote this way has since been repealed and the law now says only that it is an offence to print or publish material which may deceive or mislead a voter.
The Howard government expanded sedition law as part of the war on terror. Media Watch ran a series on the amendments on ABC television.
In 2003, CSIRO senior scientist Graeme Pearman was reprimanded and encouraged to resign after he spoke out on global warming. The Howard government was accused of limiting the speech of Pearman and other scientists.
In 2010, journalist Andrew Bolt was sued in the Federal Court over two posts on his Herald Sun blog in 2009. Bolt was found to have contravened the Racial Discrimination Act 1975 (RDA) in 2011 following comments regarded to be representative of a "eugenic" approach to aboriginal identity. This prompted the federal government to propose changes to the Racial Discrimination Act but this has been met with stiff resistance.
In 2014 the Supreme Court of Victoria issued a blanket media gag order on the reporting of a high-profile international corruption case. The gag order prevented the publishing of articles regarding bribes presented to high-ranking officials of Malaysia, Indonesia and Vietnam by senior executives of the Reserve Bank of Australia in order to secure the adoption of the Australian invented and produced polymer banknote technology.
Australian Classification Board
Certain films, books and video games have, in effect, been banned from sale in Australia because they have been “refused classification” by the Australian Classification Board which was founded in 1970. Materials are generally refused classification because of explicit violent or sexual content.
Although the Australian Classification Board Guidelines state that "adults should be able to read, hear and see what they want", many books are apparently banned or given a restricted classification simply because they may offend certain segments of the population. Under particularly frequent attacks are books containing erotica, those concerning illegal drugs, and those discussing end-of-life issues (particularly those discussing or condoning assisted suicide). For example, in December 2006 the voluntary euthanasia book The Peaceful Pill Handbook was classified by the OFLC as X18+ and approved for publication. A month later, on appeal from the Australian Attorney General Philip Ruddock and Right to Life NSW, the book's classification was reviewed by the Literature Classification Board and rated RC (refused classification).
In 2000, Liberal Party of Australia Prime Minister John Howard had the Australian Classification Board prohibit depictions of certain sexual fetishes including candle wax, bondage, spanking, fisting, and golden showers. Sexually explicit depictions of adults who appeared to look under 18 years of age were also prohibited by the Board. The Australian Sex Party accused these actions of censoring depictions of female ejaculation and censoring adult women with small breasts.