Recent Australian laws risk undermining fundamental freedoms and weakening the principles that underpin a democratic society. In The Rule of Law, Excessive Regulation and Free Speech, Dr Paul M Taylor argues that government responses to challenges such as misinformation, online harms, privacy and hate speech are increasingly disproportionate and, in some cases, ineffective. “While governments are right and bound to protect citizens from genuine harm, measures that curtail political expression, encourage censorship, or prioritise one right over another threaten the very principles of accountability and fairness that the rule of law is designed to safeguard,” Dr Taylor says. The paper highlights several recent developments, including:

• The proposed misinformation bills, which would have incentivised excessive censorship without adequate safeguards for free expression.

• The expansion of the eSafety Commissioner’s powers, raising concerns about transparency, accountability and overreach.

• The rushed passage of privacy and social media legislation, with inadequate parliamentary scrutiny.

• The introduction of criminal hate speech provisions that lower the threshold for liability and remove long-standing protections for legitimate public debate.

According to Dr Taylor, these examples suggest that governments may be adopting an increasingly protective stance that risks subordinating individual freedoms to collective interests. He calls for a renewed commitment to rule of law principles: transparency, proportionality, accountability, and full respect for fundamental human rights. “The rule of law is meant to be more than just theoretical,” Dr Taylor says. “It ensures that power is exercised fairly and responsibly, that laws are clear and predictable, and that rights are properly protected for all. If these principles are weakened, democracy itself is diminished.” The paper concludes with a call to reassert the rule of law in Australian governance, warning that without vigilance and cultural commitment, recent trends may erode freedoms that citizens have long relied upon.

Dr Paul Taylor is an Honorary Senior Lecturer in the T. C. Beirne School of Law, and Fellow of the Centre for Public, International and Comparative Law; Adjunct Professor at the School of Law, The University of Notre Dame Australia; and Fellow of the Higher Education Academy.

Feed your intelligence with policy research and commentary designed to enhance our liberal democracy. Join Michael Stutchbury and guests every Thursday for your 10 minute briefing. In Australia, a growing sense of polarisation is erupting, evident in the recent 'March for Australia' rallies, where tens of thousands voiced concerns over mass migration's impact on housing, infrastructure, and wages, only to see their protests co-opted by far-right extremists and white nationalists. This mirrors the earlier pro-Palestinian marches, where genuine compassion for Gaza was tainted by support for Iran's theocratic regime. These divisions reflect a world grappling with identity, immigration, and geopolitical upheaval. Australia’s success as an immigrant nation is undeniable, yet mismanaged housing policies have fueled misdirected anger toward migrants. As global powers like Putin, Xi, and Kim Jong-un challenge the liberal order, Australia must counter these cultural rifts with honest, fact-based debate to preserve our cohesion and shared future. Michael Stutchbury is the former Editor-in-Chief of The Australian Financial Review, a role he held from 2011 until 2024, when he became the masthead's Editor-at-Large. With a career in journalism spanning several decades, and including a stint as a Washington correspondent, he is widely respected for his expertise in economic and public policy issues and his engagement with business issues. Before leading the Financial Review, he served as Economics Editor and later as Editor of The Australian, where he played a key role in shaping national discourse on fiscal policy, industrial relations, and economic reform. His career has consistently demonstrated a strong grasp of the interplay between government policy and market dynamics, making him a prominent voice in debates over taxation, regulation, and productivity. Relevant Research: The Future of Australian Multiculturalism: https://www.cis.org.au/publication/the-future-of-australian-multiculturalism/ Fractured Loyalties. Australian citizenship and the crisis of civic virtue: https://www.cis.org.au/publication/fractured-loyalties-australian-citizenship-and-the-crisis-of-civic-virtue/ Reconciling value pluralism and national identity: https://www.cis.org.au/publication/the-ties-that-bind-reconciling-value-pluralism-and-national-identity-in-australia/ 👉 Help Australia: 🔹 Become a member: https://www.cis.org.au/membership-2-step-1/ 🔹 Make a donation: https://www.cis.org.au/support/donate/today/ 🔹 Learn more: https://www.cis.org.au/

Listen to our new show, The Stutchbury Sessions on Apple, Spotify, Amazon, iHeartRadio, PlayerFM or listen on your browser. Watch this episode here: https://youtu.be/sv9pXQxa9bo

In this episode of Liberalism in Question, host Robert Forsyth engages in a thought-provoking discussion with Mark Leach, co-founder and CEO of "Never Again Is Now", on the rise of anti-Semitism in Australia, the erosion of Western liberal values, and the need for cultural renewal. They explore how anti-Semitism is a broader threat to Australian society, rooted in declining confidence in Western civilisation's core principles like individualism, equality, and pluralism.

👉 Relevant Research:

The Future of Australian Multiculturalism: https://www.cis.org.au/publication/the-future-of-australian-multiculturalism/ Fractured Loyalties. Australian citizenship and the crisis of civic virtue: https://www.cis.org.au/publication/fractured-loyalties-australian-citizenship-and-the-crisis-of-civic-virtue/ Reconciling value pluralism and national identity: https://www.cis.org.au/publication/the-ties-that-bind-reconciling-value-pluralism-and-national-identity-in-australia/

👉 Help Australia: 🔹 Become a member: https://www.cis.org.au/membership-2-step-1/ 🔹 Make a donation: https://www.cis.org.au/support/donate/today/ 🔹 Learn more: https://www.cis.org.au/