Why sign this petition? 

Australia is a diverse democracy. We come from different cultures, religions, political traditions, communities and life experiences. We will not always agree with one another; and we should not have to.

A healthy democracy is not one where everybody thinks the same. It is one where people can speak, question, criticise, create, protest peacefully and disagree without fear that their opinion will be treated as unlawful simply because it is unpopular, offensive, confronting or politically inconvenient.

Freedom of expression exists as a democratic principle in Australia. However, equal protection against viewpoint-based government restriction is not always explicit, clear or easily enforceable.

Australia’s implied constitutional freedom of political communication is important, but it is not a broad personal right to freedom of expression. It does not give every Australian a simple, enforceable guarantee that peaceful speech, artistic expression, religious discussion, cultural expression, journalism, academic debate, satire, protest or criticism of government will be treated equally under the law.This uncertainty matters.

Many Australians feel increasingly cautious about expressing an honest opinion on public issues. They may worry that they could face a complaint, investigation, penalty or legal consequence for saying something that another person strongly disagrees with. Whether or not that fear is legally accurate in every situation, the fear itself can discourage people from participating in public discussion.

When ordinary people become afraid to speak, democracy becomes weaker.

This petition does not seek a right to threaten, harass, intimidate, discriminate against, defame, dox or incite violence against others. Australia must continue to protect people from genuine harm.

But the law must also protect peaceful voices.

We call for a Federal Freedom of Equal Voice Act.

We call on the Australian Parliament to create a clear, national legal framework that protects the equal right of every person to peacefully express ideas and opinions.

The proposed Freedom of Equal Voice Act would protect the right of Australians to:

- speak, write, publish and share opinions;

- criticise governments, public institutions and powerful figures;

- participate in peaceful protest and public debate;

- create art, music, satire, literature and cultural work;

- practise, discuss or criticise religious and philosophical beliefs;

- engage in academic discussion, journalism and advocacy;

- express political, social, cultural and personal views without unequal treatment because of viewpoint or identity.

This protection should apply equally to people regardless of political opinion, religion or belief, cultural background, ethnicity, disability, gender, sexuality, economic status or popularity.

Freedom of expression should not depend on whether a person’s view is fashionable, powerful, mainstream or approved by those in authority.

A fair balance: freedom without fear, protection without censorship

Freedom of Equal Voice is not about giving anyone permission to harm others.

It would preserve firm and necessary limits for:

- credible threats of violence;

- incitement to violence or unlawful harm;

- targeted harassment and intimidation;

- doxxing or publishing personal information to endanger someone;

- coercion, stalking and fraud;

- serious defamation;

- unlawful discrimination and conduct that denies others safety, dignity or equal participation in public life.

The principle is simple:

People should have the right to disagree. No person should have the right to threaten, silence, or endanger another person.

A person should be free to say, “I disagree with this policy,” “I reject this belief,” “This government has failed,” or “I believe society should take a different direction.”

They should not be free to threaten a person, mobilise violence, publish someone’s private address, repeatedly intimidate them, or encourage others to harm them.

What the law should require

Under a Freedom of Equal Voice Act, the Commonwealth Government and Commonwealth public authorities should not be able to restrict or favour peaceful expression simply because they agree or disagree with the viewpoint being expressed.

Any restriction on peaceful expression should have to meet a clear and transparent legal test.

The government should be required to show that the restriction is:

1. Clearly authorised by law; people must be able to understand what the law requires;

2. Directed at a legitimate purpose-such as preventing violence, protecting safety, privacy, reputation or equal access to public life;

3. Necessary to prevent serious harm- not based only on offence, disagreement or political pressure;

4. Proportionate -the response must not be broader or harsher than necessary;

5. The least restrictive reasonably available option; education, correction, mediation or civil remedies should be considered before criminal punishment where appropriate; and

6. Open to independent judicial review; no government body should have unchecked power to decide which peaceful opinions are acceptable.

Why “equal” matters

Freedom of Equal Voice Act does not mean every opinion is equally correct.

It means every person deserves equal legal protection to peacefully express an opinion.

A progressive voice should be protected. A conservative voice should be protected. A religious voice should be protected. A secular voice should be protected. A minority voice should be protected. A popular voice should be protected. A voice that challenges those in power should be protected.

The test should not be: “Do we like this opinion?”

The test should be: “Does this expression create a real, serious and unlawful risk of harm?”

If it does not, peaceful expression should be protected.

Our request to Parliament

We call on the Australian Parliament to:

1. Establish a national parliamentary inquiry into whether Australians have equal and enforceable protection for peaceful expression;

2. Consult with legal experts, human-rights bodies, multicultural communities, disability advocates, faith communities, journalists, educators, civil-liberties organisations and the broader public;

3. Develop and introduce a Federal Freedom of Voice Act;

4. Require Commonwealth public authorities to act in a viewpoint-neutral manner when regulating peaceful expression; and

5. Ensure that laws protecting safety, privacy, dignity and equality remain strong, while restrictions on expression are clear, necessary, proportionate and independently reviewable.

Australia should not have to choose between freedom and safety.

We can protect people from real harm while also protecting the right to peacefully question, criticise, create, debate and disagree.

Sign this petition to support equal protection for peaceful voices and firm protection from real harm.

Freedom of Equal Voice : equal protection for voices, equal protection for people.