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Constitution Alteration (Right to Free Speech) 2025

Current status

This bill is currently before Parliament.

Policy area

Law, justice & rights

What does this bill do?

The bill would ask Parliament to start a constitutional alteration that expressly protects freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it. in the Australian Constitution.

Why was it introduced?

Senator Ralph Babet introduced the bill because he argued that Australians often assume freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it. is guaranteed, while the official materials say the Constitution contains no express free-speech protection and only a narrower implied freedom of political communicationA High Court-recognised constitutional limit concerning political communication. The explanatory memorandum describes it as narrower than an express freedom of speech. has been recognised by the High Court. The bill responds by proposing First Amendment-style constitutional wording that would stop the Commonwealth and the states from making laws that limit freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it., including freedom of the press and other mediaThe bill specifically includes press and other media within freedom of speech. The explanatory memorandum says that phrase is intended to cover all forms of media, including individuals., if voters approved the change at a referendumThe Constitution’s process for constitutional change. The explanatory memorandum says a proposal needs a national majority and a majority of voters in a majority of states..

Broader context

The bill sits in a wider Australian debate about whether rights should be protected by ordinary legislation, a charter of rights, implied constitutional limits, or express constitutional text. The collected sources connect this bill to three ideas: Australia has no express constitutional free-speech guarantee, governments continue to debate online misinformation, online safety and online hate, and Senator Babet wants a referendumThe Constitution’s process for constitutional change. The explanatory memorandum says a proposal needs a national majority and a majority of voters in a majority of states. on a stronger constitutional limit modelled on the United States First Amendment.

Key criticism

The collected local record does not contain a substantive criticism of this bill. It includes the sponsor’s second readingThe parliamentary stage where senators debate the bill’s main purpose and principles. speech, official explanatory material, the APH progress record, no committee scrutiny entries, no proposed amendments and no divisions.

Who supported it?

Senator Ralph Babet introduced this bill. Supportive speeches so far have come from UAP.

Introduced in Senate 12 Feb 2025
Before Senate 28 July 2025
Not yet reached House —
Not yet law —

Did it become law?

Not yet

Final passage

No final vote yet

The bill has not yet completed passage through Parliament.

Days since introduction

483 days

Updated 10 June 2026.

Official record

View on APH

Parliament of Australia bill page

Meaning

What does this bill do?

  1. The bill would ask Parliament to start a constitutional alteration that expressly protects freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it. in the Australian Constitution.

  2. It would insert a new Chapter IIIA and section 80A saying the Commonwealth or a State must not make any law that limits freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it..

  3. The proposed protection would also name freedom of the press and other mediaThe bill specifically includes press and other media within freedom of speech. The explanatory memorandum says that phrase is intended to cover all forms of media, including individuals., and the explanatory memorandum says this is intended to cover all forms of media, including individuals.

  4. Because this is a Constitution alterationA formal proposal to change the Australian Constitution. It must pass Parliament and then be approved by voters at a referendum before it can take effect., it would still need approval by referendumThe Constitution’s process for constitutional change. The explanatory memorandum says a proposal needs a national majority and a majority of voters in a majority of states. after passing Parliament, with a national majority and a majority of voters in a majority of states.

  5. The sponsor’s explanatory memorandum says the Australian Constitution does not explicitly protect freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it., although the High Court has recognised a narrower implied freedom of political communicationA High Court-recognised constitutional limit concerning political communication. The explanatory memorandum describes it as narrower than an express freedom of speech..

  6. If the alteration ultimately succeeded, the proposed Act would commence on the day it received Royal AssentThe formal approval step after a bill has passed all required parliamentary and, for a Constitution alteration, referendum stages.; at collection time, the bill was still before the Senate and no final Act was recorded.

Show source excerpts
  1. The purpose of the Constitution Alteration (Right to Free Speech) 2025 is to enshrine the right of freedom of speech within the Constitution.
    Constitution Alteration (Right to Free Speech) 2025 explanatory memorandum
  2. The Commonwealth or a State must not make any law that limits the freedom of speech, including freedom of the press and other media.
    Constitution Alteration (Right to Free Speech) 2025 introduced bill text
  3. The reference to the press and other media is intended to capture all forms of media, including individuals.
    Constitution Alteration (Right to Free Speech) 2025 explanatory memorandum
  4. Once the proposed alteration has passed Parliament, section 128 sets a very high threshold for a referendum of a majority of all eligible voters in Australia and a majority of eligible voters in a majority of the states.
    Constitution Alteration (Right to Free Speech) 2025 explanatory memorandum
  5. The Australian Constitution does not explicitly protect freedom of speech; however, the High Court has recognised a narrower implied freedom of political communication.
    Constitution Alteration (Right to Free Speech) 2025 explanatory memorandum
  6. This Act commences on the day this Act receives the Royal Assent.
    Constitution Alteration (Right to Free Speech) 2025 introduced bill text

Context

Broader context for this bill

The bill sits in a wider Australian debate about whether rights should be protected by ordinary legislation, a charter of rights, implied constitutional limits, or express constitutional text. The collected sources connect this bill to three ideas: Australia has no express constitutional free-speech guarantee, governments continue to debate online misinformation, online safety and online hate, and Senator Babet wants a referendumThe Constitution’s process for constitutional change. The explanatory memorandum says a proposal needs a national majority and a majority of voters in a majority of states. on a stronger constitutional limit modelled on the United States First Amendment.

  1. 10 Aug 2017

    Rights-protection gap draws public attention

    The Australian Financial Review published commentary arguing that Australia lacked a national charter of rights and that parliaments had become more willing to pass laws affecting rights such as freedom of speechThe freedom to express ideas and opinions. This bill would add an express constitutional rule against Commonwealth or state laws that limit it..

    Australian Financial Review ↗
  2. Jan 2023

    Misinformation proposal raises speech balance

    The Department of Infrastructure said the government planned new ACMA powers for digital misinformation and disinformation, while seeking feedback on whether draft laws struck the right balance on freedom of expression and related issues.

    Department of Infrastructure ↗
  3. Apr 2024

    Online safety review examines online hate

    An Online Safety Act review issues paper identified online hate and other emerging online harms as matters for consultation, showing that online speech harms were part of the current regulatory debate.

    Department of Infrastructure ↗
  4. 12 Feb 2025

    Babet introduces free-speech referendumThe Constitution’s process for constitutional change. The explanatory memorandum says a proposal needs a national majority and a majority of voters in a majority of states. bill

    Senator Ralph Babet introduced the bill in the Senate and argued that Australians should be able to vote on adding an express free-speech guarantee to the Constitution.

    Parliament of Australia ↗
  5. 28 May 2025

    Public debate continues after misinformation bill

    The Australian Financial Review published commentary saying liberal democracies grapple with free-speech boundaries, especially in Australia after debate over the government’s failed misinformation bill.

    Australian Financial Review ↗
  6. 19 Sept 2025

    Commentary contrasts Australia with the US

    The Australian Financial Review noted that Australia has no express constitutional free-speech guarantee, unlike the United States First Amendment, but does have an implied freedom of political communicationA High Court-recognised constitutional limit concerning political communication. The explanatory memorandum describes it as narrower than an express freedom of speech..

    Australian Financial Review ↗

Legislative route

How did it move through Parliament?

House Senate
Introduced 12 Feb 2025

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second readingThe parliamentary stage where senators debate the bill’s main purpose and principles. opened 12 Feb 2025

Senator Ralph Babet moved the second readingThe parliamentary stage where senators debate the bill’s main purpose and principles., opening debate on the bill’s purpose and principles.

Second readingThe parliamentary stage where senators debate the bill’s main purpose and principles. moved

Lapsed at end of Parliament 21 July 2025

The APH progress record says the bill lapsed at the end of Parliament.

Restored to Notice Paper 28 July 2025

The APH progress record says the bill was restored to the Senate Notice Paper.

Key criticism

The main case against this bill

The collected local record does not contain a substantive criticism of this bill. It includes the sponsor’s second readingThe parliamentary stage where senators debate the bill’s main purpose and principles. speech, official explanatory material, the APH progress record, no committee scrutiny entries, no proposed amendments and no divisions.

No criticism cards are shown because no substantive criticism was collected for this bill page. That should not be read as proof that no person or group opposed the proposal outside the collected source set.

Further sources

aph.gov.au ↗ parlinfo.aph.gov.au ↗

Votes

Recorded votes

No recorded votes have been found yet for this bill.

Parliamentary debate

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Ralph Babet

United Australia Party • Senator 12 Feb 2025

Ralph Babet supported the bill and said it would let Australians vote on adding an express free-speech guarantee to the Constitution.

Read in Hansard ↗

All speeches by bloc

Minor parties and independents

1 speaker · 1 support

  1. Ralph Babet ★ Ralph Babet supported the bill and said it would let Australians vote on adding an express free-speech guarantee to the Constitution.
    “This bill, if successful will give the Australian people the power to vote in a referendum and determine just how important freedom of speech is to them.”

    United Australia Party • Senator • 12 Feb 2025

    Read the full speech in Hansard ↗

Record

Full record

Full chat