| 词条 | Theophanous v Herald & Weekly Times Ltd |
| 释义 |
|name = Theophanous v Herald & Weekly Times Ltd |court =High Court of Australia |image = Coat of Arms of Australia.svg |imagesize = |imagelink = |imagealt = |caption = |full name = |date decided = 12 October 1994 |citations = {{Cite AustLII |year=1994 |court=HCA |num=46 |parallelcite=(1994) 182 CLR 104}} |transcripts = |judges = Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron, McHugh JJ |number of judges = 7 |decision by = |prior actions = |appealed from = |appealed to = |subsequent actions = |related actions = |opinions = |keywords = |italic title = }} Theophanous v Herald & Weekly Times Ltd[1] is a landmark Australian judgment of the High Court. The matter related to implied freedom of political communication that the High Court has inferred, rests in the Australian constitution. BackgroundAndrew Theophanous had been an Australian Labor Party member of the Australian House of Representatives since 1980. In 1992, he was the chairperson of the Joint Parliamentary Standing Committee on Migration. The Herald and Weekly Times published an article by Bruce Ruxton, "Give Theophanous the shove", which stated that Theophanous "appears to want a bias shown towards Greeks as migrants". Theophanous sued the Herald & Weekly Times and Ruxton for defamation.[1]DecisionThe judgment held that there was an implied constitutional freedom to publish material discussing government and political matters as well as the way that members of the Parliament of Australia conducted their duties and their suitability for office. SignificanceJust three years later, with a change in the composition of the High Court,[2] the court unanimously reversed the opinion in Lange v Australian Broadcasting Corporation. It held that no direct right to free speech could form a defence to defamation. Still, the case remains important in the development of the implied freedom.[3] References1. ^1 {{Cite AustLII |litigants=Theophanous v Herald & Weekly Times Ltd |year=1994 |court=HCA |num=46 |parallelcite=(1994) 182 CLR 104}}. 2. ^Mason) CJ and Deane J had retired and Gummow J and Kirby J had been appointed. 3. ^{{Cite AustLII |litigants=Lange v Australian Broadcasting Corporation |year=1997 |court=HCA |num=25 |parallelcite=(1997) 189 CLR 520}}. Further reading
| publisher = Parliament of New South Wales (Australia) | title = Defamation and the Right to Political Communication | url = http://www.parliament.nsw.gov.au/prod/parlment/publications.nsf/key/LABP03 | accessdate = 22 August 2012}}
| last = Williams | first = George | authorlink1 = George Williams (lawyer) | title = The State of Play in the Constitutionally Implied Freedom of Political Discussion and Bans on Electoral Canvassing in Australia: Research Paper 10 1996-97 | publisher = (Law and Bills Digest Group) Australian Federal Government. | url = http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/rp/RP9697/97rp10#CON | accessdate = 22 August 2012}}
| author1 = Blacksheild, Tony | author2 = Williams, George | authorlink2 = George Williams (lawyer) | title = Australian Constitutional Law and Theory | edition = 5th | year = 2010 | publisher = Federation Press | location = Sydney | page = 1272}}.{{Implied freedom of political communication cases}}{{DEFAULTSORT:Theophanous v Herald and Weekly Times Ltd}}{{Australia-law-stub}} 3 : High Court of Australia cases|1994 in Australian law|1994 in case law |
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