Constitution Alteration (Right to Free Speech) 2025
✦ Plain-English Summary
Constitution Alteration (Right to Free Speech) 2025
What it does
This bill would add a new chapter to the Australian Constitution that explicitly protects freedom of speech, including freedom of the press and media. It would prevent both the federal government and state governments from making laws that limit these freedoms.
Why it matters
Currently, Australia doesn't have a written guarantee of free speech in the Constitution—courts have had to infer it exists based on other parts of the Constitution. This bill would make it crystal clear and harder to challenge. It could significantly limit what laws Parliament can pass on topics like defamation, hate speech, and misinformation.
Key details
- Who it affects: Everyone in Australia, plus all levels of government (Commonwealth, state and territory)
- What it protects: Freedom of speech, freedom of the press, and freedom of other media
- The catch: The bill text is very broad and doesn't list exceptions—it says governments "must not make any law that limits" these freedoms. This could create legal uncertainty about existing laws
- Before it happens: This requires a referendum (a public vote) to change the Constitution, so it won't become law without majority support from voters
Audit History
Last updated on APH
9 Apr 2026
Last checked by Crossbench
5 days ago
Next review
in 2 days
Full text indexed
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