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related:

Australian
Law

     media and communications

This page considers constitutional aspects of telecommunications, broadcasting, posts and publishing.

     Postal power

Section 51(v) of the Constitution gives the Commonwealth power to regulate postal services. In principle the Commonwealth could thus prohibit or otherwise restrict the sending of adult content through the post. The Australian Postal Corporation Act 1989 does not contain feature a prohibition. The Corporation is however required to perform its functions consistently with obligations under any conventions ratified by Australia, under directions given by the responsible Minister under s.49 and more broadly under any general policy of the Commonwealth Government notified by the Minister under section 48 of the Act.

Section 85s of the Commonwealth Crimes Act 1914 prohibits a person from knowingly or recklessly using the post or telecommunications to menace or harass another person or in a way which reasonable persons would find offensive. It is unclear whether regulation/prohibition of pornography through the post would contravene the guarantee of free trade between the States under section 92 of the Constitution.

     Telecommunications power

Section 51(v) of the Constitution gives the Commonwealth power - subject to section 92 - to make laws with respect to telecommunications.

That power enables the Commonwealth to regulate or prohibit adult content on free to air television, subscription services (eg cable tv), radio, telephones and the internet. That power embraces legislation such as the Broadcasting Services Act 1992 (here), which regulates television and radio broadcasting, and the Broadcasting Services Amendment (Online Services) Act 1999 (BSA Act) - discussed here - which provides the basis for federal regulation of online content.

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