Lange v ABC

08 July 1997

In 1997, the High Court of Australia clarified important aspects of free speech and defamation law in Australia in Lange v Australian Broadcasting Corporation (Lange Case). The case came about when former New Zealand Prime Minister David Lange sued the Australian Broadcasting Corporation (ABC) for defamation after it aired a program that he claimed unfairly damaged his reputation. 
 
The High Court found that since the Australian Constitution establishes a representative democracy in Australia, citizens and the media must have the right to freedom of political communication. The Court said that this freedom is implied in the Constitution because a representative democracy cannot function if people are not free to express their opinions on political matters. This allows discussion of political matters, even if it means criticizing politicians or public figures. The Court acknowledged that this right is not absolute, and media outlets must still be careful to avoid defamation. 
 
The Lange Case was a key moment in Australian law. In their decision, the High Court established a test, known as the Lange Test, for courts to determine if laws excessively restrict political communication. If a law is found to be against the principles confirmed in the Lange Case, it will be unconstitutional – therefore the law will be invalid.