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Lange V. Australian Broadcasting Corporation (Lange)

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In the case of Lange v Australian Broadcasting Corporation (Lange), the High Court ruled that as the development of the common law in Australia cannot run counter to constitutional imperatives, the common law rules of qualified privilege should properly reflect the requirements of ss 7, 24, 64, 128 and related sections of the Australian Constitution.

Freedom of speech is not absolute. This can be seen in the First Amendment of the United States Constitution whereby it has been held not to protect all speech like obscene publications or speech inciting imminent lawless action. Australian common law has long recognised limitations to free speech, for instance, those in relation to the criminal law of incitement and conspiracy, and in obscenity
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