Australian Constitution

My Plan to Enshrine Free Speech in the Australian Constitution

17 February 2025

1.6 MINS

This Bill — which would alter the Australian Constitution to enshrine free speech protections — is urgently needed to protect a fundamental right that Australians assume they already have.

I think free expression is under an increasing threat. So this week, I introduced a Bill to give the Australian people the opportunity enshrine freedom of speech in the Australian Constitution.

The Constitution Alteration (Right to Free Speech) 2025 seeks to insert a new Chapter IIIA and section 80A into the Commonwealth of Australia Constitution Act 1900, ensuring that no law — state or federal — can limit freedom of speech, including freedom of the press and other media.

This Bill is urgently needed to protect a fundamental right that Australians assume they already have.

But that assumption is dangerously misplaced. The right to say what we think has been steadily eroded, with laws passed at both state and federal levels restricting speech rather than safeguarding it.

The Australian Constitution Needs a Free Speech Clause

Australians are increasingly fearful of expressing opinions openly, citing the risk of public scrutiny and legal repercussions for views that challenge prevailing ideologies.

It is a brave person who, in today’s climate, publicly states that men cannot become women. Is this really the kind of country we want — where expressing biological truths can lead to interrogation by tribunals and potentially jail time?

I compare the proposed alteration to the First Amendment of the US Constitution. The reform would align with Australians’ belief in a “fair go” and the right to voice opinions without fear of retribution.

Our Constitution already protects religious freedom under Section 116 — why not free speech?

Without the ability to express our thoughts, freedom itself is undermined. This Bill will give Australians the power to vote in a referendum and decide for themselves how important freedom of speech truly is.

I believe they will vote overwhelmingly in favour, because Australians, despite their differences, believe in the right to speak freely.

I have urged my colleagues in the Senate to support the Bill. There shouldn’t be a single Senator who opposes free speech or who tells their constituents they want to make it harder for them to express their views. We are here to defend freedoms, not to restrict them.

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Image courtesy of Unsplash.

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4 Comments

  1. James 17 February 2025 at 10:57 am - Reply

    I strongly suspect both sides of politics in Australia will vote against this move to protect what we all think we already have – freedom of speech.
    Labor will probably bring it on, if parliament is to sit again, that is, and the Libs will meekly vote against Senator Babet’s bill, out of fear that matters that are seen by them as ‘culture wars’ type issues are best avoided if at all possible as they are hoping they just might fall over the line without having to actually fight for anything at all. That is already plainly evident.

  2. Warwick Marsh 17 February 2025 at 11:04 am - Reply

    Great work Ralph!!!

  3. Ian Moncrieff 17 February 2025 at 9:40 pm - Reply

    Thank you, Ralph. Praying for a much-needed successful outcome.

  4. Countess Antonia Maria Violetta Scrivanich 18 February 2025 at 5:53 pm - Reply

    We are increasingly living in a repressive Neo -Marxist regime which ignores Article 19 of the UN’s Human Rights Law which guarantees Freedom of Speech.Without Free Speech it provides anonymity to where +how successive Govts are spending or lining their mates’ pockets with our tax money? Its just been proved in US by a Whistle-Blower, who worked for USAID , how billions were misused for other purposes . including USA funding Hamas! Without Free Speech+ a DOGE we are leaving ourselves to be ripped off by politicians + bureaucrats + face jail for expressing our Human Right to Free Speech . Expect people to be charged for Hate Crimes after the election so not to have an outcry now+ upset the election result. All Australian Major Political Parties are pro -Globalist Agenda, ie anti-Freedoms with little difference between them . I support senator Ralph Babet of UAP ( United Australia Party )+ hope he receives support from other senators.

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