File(s) not publicly available
Cyberspace as a place of protest and the constitutional implied freedom of political communication
journal contribution
posted on 2023-03-27, 02:50 authored by Jacob DeemJacob Deem, Alexandra McEwanAlexandra McEwanThis article combines legal analysis with insights from legal geography and deliberative democracy scholarship to develop a perspective on cyberspace as a “place” in which protest occurs, exploring the consequences of cyberspace as “place” for the implied freedom of political communication. Recent amendments to the Criminal Code Act 1995 (Cth) introducing “ag-gag” provisions and the decision in Commissioner of Police (NSW) v Gray provide case studies to consider cyberspace as a “place” where political communication is regulated. As background, we consider the meaning of “protest” and examine how place functions in a physical protest in the context of recent High Court decisions. We focus on the Court’s view that the place in which protest is held can be integral to the political communication itself, and then demonstrate that protests in cyberspace can fulfil similar functions. Thus, the internet can operate as a “place” at which protest, and political communication occur.
History
Volume
32Issue
4Start Page
331End Page
347Number of Pages
17ISSN
1034-3024Publisher
Thomson ReutersPeer Reviewed
- Yes
Open Access
- No
Acceptance Date
2021-09-05Era Eligible
- Yes