The Commonwealth Parliament passes the Digital Safety (Online Extremism) Act 2026 (Cth). The Act makes it an offence to post or share certain “extremist content” online. In the Act’s preamble, Parliament states that the law is intended to implement Australia’s obligations under an international human rights treaty that Australia has ratified.
A journalist, Kai, is charged under the Act after posting a video criticising the government’s national security policies and encouraging people to contact their local MP to oppose proposed laws. Kai argues the Act is invalid because it unjustifiably burdens constitutional protections of human rights.
Assume there is no national bill of rights in Australia.
b. Explain how the external affairs power (s 51) could support the validity of the Digital Safety (Online Extremism) Act 2026 (Cth) if it is said to implement an international human rights treaty. In your answer, refer to the relationship between international obligations and Commonwealth law-making power.
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Create Free Account Log inThis is a free QCE Units 3 & 4 Legal Studies practice question worth 5 marks, testing your understanding of Constitution & human rights. It falls under Topic 1: Human rights in Unit 4: Human rights in legal contexts. Submit your answer above to receive instant AI-powered marking and personalised feedback.
In Unit 4, students consider legal concepts, principles and contemporary issues studied in previous units to consider fundamental concepts of human rights and analyse Australia's participation within the global community. They recognise how human rights create challenges in national and international contexts, including for minority groups, and examine Australia's legal response to international law and human rights.
In Topic 1, students explore the global context for human rights and how international laws and institutions affect Australia.
the role of the Australian Constitution (including the external affairs power within s 51) in protecting express and implied human rights in Australia
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