Case Law Australia, Monis v The Queen: Offensive communications and freedom of expression – Eloise Le Santo

28 03 2013

untitledIn the case of Monis v The Queen ([2013] HCA 14) the High Court of Australia considered familiar issues concerning offensive communications and freedom of expression.  The defendant, Man Haron Monis, is alleged to have written letters to the families of soldiers killed in action in Afghanistan. While expressing sympathy to the families, the letters were critical of Australia’s involvement in Afghanistan and of the soldiers and the part they had played in the war, referring to the soldiers in ‘a denigrating and derogatory fashion’. Read the rest of this entry »





Prosecuting social media: the DPP’s interim guidelines – Alex Bailin QC and Edward Craven

23 12 2012

TwitterThe ubiquity of social media presents new challenges for law enforcement and free speech. The Leveson Report described the internet as an ‘ethical vacuum’ where ‘bloggers and others may, if they choose, act with impunity’. But this picture of an unregulated domain of free expression is at odds with recent prosecutions for messages posted on Twitter, Facebook and other social media websites. Read the rest of this entry »