Is liking something on Facebook ‘protected political speech’? It depends

Australians are often surprised to learn that their Constitution contains no right to free speech.

Even the right to political speech, which is constitutionally implied, is increasingly complicated by new online platforms where people can express their views.

• Melissa Castan 
• The Conversation

The Australian Public Service Commission’s (APSC) recent guidance for public servants shone a spotlight on the issue.

It advises employees they could be in breach of their code of conduct for liking or sharing posts on Facebook that are critical of the government.

So are Facebook or Twitter posts protected political speech?

It depends.

There are tensions in the law, including the…

• Is liking something…