Free speech could be written into the Constitution
Senator Ralph Babet, of the United Australia Party, wants a new section in Australia's Constitution. That is the top set of rules for how the country is run. It would ban any federal or state law that limits free speech or a free press. It would need a national vote to pass.
Official name: Constitution Alteration (Right to Free Speech) 2025
- The bill would add a new section 80A to the Constitution to protect free speech.
- It says no federal or state law can limit free speech. That includes freedom of the press and other media.
- It is based on the First Amendment, the part of the United States Constitution that protects free speech.
- Changing the Constitution needs a national vote. The bill died in July 2025 and was then put back on the Senate's list.
Who it affects
- Everyone in Australia: Free speech would become a written right in the Constitution. Courts would have to protect it.
- Journalists, media outlets and people who publish: The protection would cover the press and other media. The senator says that includes single people too.
- Federal and state parliaments: They could not pass laws that limit free speech.
- Voters: They would decide in a national vote whether the change goes ahead.
Constitution has no free speech
Australia's Constitution is the top set of rules for how the country is run. It does not spell out a right to free speech.
The High Court, Australia's top court, has found a smaller protection hidden in the Constitution. It is called the implied freedom of political communication. It only covers talk about government and politics.
Senator Ralph Babet brought in this private bill. A private bill is one put forward by an MP or senator who is not a minister. He says free speech in Australia has long caused debate and protest. He wants the Constitution to clear up any doubt about it.
The free speech section
The bill would add a new chapter to the Constitution called Freedom of Speech. It would sit after the chapter on the courts.
The chapter would hold one new section, section 80A. It says "the Commonwealth or a State" must not make any law that limits free speech. That includes freedom of the press and other media. The Commonwealth means the federal government.
The senator's notes on the bill explain the words "press and other media". They say these words cover all kinds of media, including single people. They say the words do not shrink who is protected.
The wording follows the First Amendment to the United States Constitution, from 1791. It says Congress, the American parliament, shall make no law cutting back the freedom of speech, or of the press. The senator says the American model has stood the test of time.
Section 80A lists no exceptions. But the senator's human rights statement makes a point. It notes that under world law, free speech can be limited for a very few reasons.
How the Constitution changes
Section 128 of the Constitution sets the only way to change it. First, Parliament must pass the bill. Then it goes to all voters in a national vote, called a referendum.
To pass, it needs more than half of all voters across the country. It also needs more than half of voters in at least 4 of the 6 states. The senator's notes call this a very high bar.
Only after voters say yes would the Governor-General sign the change into law. The Governor-General stands in for the King. Then it would start.
Waiting in the Senate
Senator Babet brought the bill to the Senate on 12 February 2025. The Senate has not voted on it.
It died on 21 July 2025 when the old Parliament ended after the election. On 28 July 2025 it was put back on the Senate's list of business.
No debate is listed since then. To reach a national vote, it would need to pass both the Senate and the House of Representatives, Parliament's main house.
Its journey through Parliament
| 12 Feb 2025 | Senate: Introduced and read a first time |
| 12 Feb 2025 | Senate: Second reading moved |
| 21 Jul 2025 | Senate: Lapsed at end of Parliament |
| 28 Jul 2025 | Senate: Restored to Notice Paper |