ABSTRACT
In this chapter, the authors assess the impact of Australia’s counter-terrorism laws on freedom of speech. They explain the extent to which free speech is protected by Australian law, covering its constitutional, common law, and statutory basis. The authors identify Australia’s legal responses to terrorism that impact on free speech, including restrictions on ‘advocating’ terrorism, and also assess that impact. They address policy programs for countering violent extremism, though the remain underdeveloped in Australia compared to the UK and Western Europe. The authors draw lessons and observations from Australia’s experience of using counter-terrorism laws to regulate speech. A key theme is that the Australian government has used recurring threats of terrorism to justify increased surveillance powers and a crackdown on intelligence whistle-blowing, which poses significant risks to freedom of the press. A similar widening of the criminal law on speech can be seen in expanded offences for intelligence disclosures and espionage.
