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#breaking Michaela Banerji has unanimously lost the High Court case against Comcare on freedom of political communication. Decision upholds decision to sack her and APS code of conduct restricting even private anonymous social media posts. #auspol #auslaw
The majority judgment of Kiefel, Bell Keane and Nettle is based on fact implied freedom doesn't give personal rights, and notes that code of conduct applies to ALL social media posts due to risk of de-anonymisation.
Although majority leaves door ajar for implied freedom to restrict some executive decisions/discretions
In separate judgments Edelman and Gageler have some sympathy with how deep an imposition on free speech this, but find the public service gag laws are "reasonably necessary and adequately balanced".
For people asking the "what about Folau/private employment contracts" question - this case has no bearing on that. Implied freedom of political communication will never save you from overzealous social media policies where your employer is not the govt.
FULL STORY High court rules public servants can be sacked for political social media posts #auspol #auslaw…
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