July 16, 2008
Two Sydney activists have won a Federal Court challenge to special World Youth Day laws that carry $5500 fines for annoying pilgrims.
The NoToPope Coalition scored the victory when the Federal Court ruled that legislation that would have prevented its members from handing out leaflets and other items was invalid in law.
The judges said that the interpretation of clause 7.1 of the act, which allowed regulation of conduct deemed to be a cause of “annoyance”,  was invalid because it “affects freedom of speech in a way that, in our opinion, is not supported by the statutory powers”.
There was “no intelligible boundary” on what “causes annoyance”.
The regulation relating to annoyance “could be expected to have a chilling effect upon the exercise of  their freedom of speech because of the very uncertainty about the degree of its infringement upon that freedom”, they said.
(via Court dumps ‘annoy’ law)

Two Sydney activists have won a Federal Court challenge to special World Youth Day laws that carry $5500 fines for annoying pilgrims.

The NoToPope Coalition scored the victory when the Federal Court ruled that legislation that would have prevented its members from handing out leaflets and other items was invalid in law.

The judges said that the interpretation of clause 7.1 of the act, which allowed regulation of conduct deemed to be a cause of “annoyance”,  was invalid because it “affects freedom of speech in a way that, in our opinion, is not supported by the statutory powers”.

There was “no intelligible boundary” on what “causes annoyance”.

The regulation relating to annoyance “could be expected to have a chilling effect upon the exercise of  their freedom of speech because of the very uncertainty about the degree of its infringement upon that freedom”, they said.

(via Court dumps ‘annoy’ law)