Does Phil Gould work for the NRL when he is commentating on Nine? Is Channel Nine bound to ensure that those who work for it are effectively prevented from making comments on the game that differ from those of the NRL just because there is a contract for broadcasting rights? Let's face it ,what media outlet would sign off on something that does not allow them to have an opinion and the right to voice it?? Freedom of speech is not absolute but there are only certain things that are taboo or out of bounds and pointing out deficiencies in a logical and non threatening way don't appear to be in that category.
Gould is first and foremost an Australian citizen and as such has inherent rights, regardless of who he works for....I see no outcry for those that want to toe the line and say nothing is wrong with the game or heap praise on the NRL for a job well done. Makes me sick to listen to other broadcasters who only want to excuse the deficiencies or gloss over them so as not to rock the boat.. Bone of contention here is the fact that he does not agree with some of the things in the game but then again you and I are most likely to share some of the thoughts that he has. Do the NRL come to us and tell us that they are displeased; after all we can vote with our feet and walk away from the game if we like. No we are not high profile nor influential.
4.4 At the same time, it is widely recognised that freedom of speech is not absolute. In Australia, legislation prohibits, or renders unlawful, speech or expression in many different contexts. Some limitations on speech have long been recognised by the common law itself, such as
obscenity and sedition, defamation, blasphemy, incitement, and passing off. 4.5 Numerous Commonwealth laws may be seen as interfering with freed
The UN General Assembly adopted the International Covenant on Civil and Political Rights (ICCPR) on 16 December 1966. ICCPR Article 19 states:
humanrights.gov.au
.
Protection in State and Territory human rights laws
Section 16 of the Human Rights Act 2004 (ACT) states that:
- Everyone has the right to hold opinions without interference.
- Everyone has the right to freedom of expression. This right includes the freedom to seek, receive and impart information and ideas of all kinds, regardless of borders, whether orally, in writing or in print, by way of art, or in another way chosen by him or her.
The rights in this act are subject to section 28:
- Human rights may be subject only to reasonable limits set by Territory laws that can be demonstrably justified in a free and democratic society.
- In deciding whether a limit is reasonable, all relevant factors must be considered, including the following:
- the nature of the right affected;
b. the importance of the purpose of the limitation;
c. the nature and extent of the limitation;
d. the relationship between the limitation and its purpose;
e. any less restrictive means reasonably available to achieve the purpose the limitation seeks to achieve.
Section 15 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) provides:
- Every person has the right to hold an opinion without interference.
- Every person has the right to freedom of expression which includes the freedom to seek, receive and impart information and ideas of all kinds, whether within or outside Victoria and whether-
(a) orally; or
(b) in writing; or
(c) in print; or
(d) by way of art; or
(e) in another medium chosen by him or her.
- Special duties and responsibilities are attached to the right of freedom of expression and the right may be subject to lawful restrictions reasonably necessary-
(a) to respect the rights and reputation of other persons; or
(b) for the protection of national security, public order, public health or public morality.