ABSTRACT

Magee v Wallace may appear, prima facie, as an insignificant case with little relevance for wild law. The appeal in Magee v Wallace raises a defence of consent contained in the Summary Offences Act. Kyle Magee argues that if we are to have a true democratic system, one which is in a position to respond to global issues such as the destruction of the environment, then we must have a free media which is not under the control of corporationsrights as an extension of human rights. This debate feeds into a larger argument around the privatisation of public spaces, which has gained momentum worldwide. The authors of this chapter assess whether the disruption caused by Mr Magee's actions were great enough to override the freedoms prescribed in the Charter. The Victorian Charter was designed to protect the rights of Victorian citizens and to ensure their freedoms in our liberal democratic society.