The Rule of Law, Excessive Regulation and Free Speech by Paul Taylor

Recent Australian laws risk undermining fundamental freedoms and weakening the principles that underpin a democratic society. In The Rule of Law, Excessive Regulation and Free Speech, Dr Paul M Taylor argues that government responses to challenges such as misinformation, online harms, privacy and hate speech are increasingly disproportionate and, in some cases, ineffective. “While governments are right and bound to protect citizens from genuine harm, measures that curtail political expression, encourage censorship, or prioritise one right over another threaten the very principles of accountability and fairness that the rule of law is designed to safeguard,” Dr Taylor says. The paper highlights several recent developments, including:

• The proposed misinformation bills, which would have incentivised excessive censorship without adequate safeguards for free expression.

• The expansion of the eSafety Commissioner’s powers, raising concerns about transparency, accountability and overreach.

• The rushed passage of privacy and social media legislation, with inadequate parliamentary scrutiny.

• The introduction of criminal hate speech provisions that lower the threshold for liability and remove long-standing protections for legitimate public debate.

According to Dr Taylor, these examples suggest that governments may be adopting an increasingly protective stance that risks subordinating individual freedoms to collective interests. He calls for a renewed commitment to rule of law principles: transparency, proportionality, accountability, and full respect for fundamental human rights. “The rule of law is meant to be more than just theoretical,” Dr Taylor says. “It ensures that power is exercised fairly and responsibly, that laws are clear and predictable, and that rights are properly protected for all. If these principles are weakened, democracy itself is diminished.” The paper concludes with a call to reassert the rule of law in Australian governance, warning that without vigilance and cultural commitment, recent trends may erode freedoms that citizens have long relied upon.

Dr Paul Taylor is an Honorary Senior Lecturer in the T. C. Beirne School of Law, and Fellow of the Centre for Public, International and Comparative Law; Adjunct Professor at the School of Law, The University of Notre Dame Australia; and Fellow of the Higher Education Academy.