Case of Andy Anderson

Fascists for Freedom member Andy Anderson (he/him) was holding a demonstration with a group of his pals on the main street in front of Parliament House on April 4, 2022, at 8 a.m. He was shouting at commuters as they passed by on their way to work using a megaphone, "Hang the Premier! Put the cabinet up! They’re all crooks! We'll come to hang you if you don't vote for the Fascists for Freedom Party!

Whereas Section 6 of the Election (Prohibition of Harassment) Act 2022 (‘Act’) states that A person commits an offence if they harass another person or group of people on a public street by making attempts to influence, persuade, or sway them on an election, election results, or a political topic in an election. According to the provision, it is illegal to carry out specific actions with the goal to sway voters' decisions or prevent someone from exercising their political rights or obligations in connection with elections. Numerous factual situations could be covered by the clause. Only instances decided by state Supreme Courts on offences identical to those under state law give judicial direction. This voting procedure, sometimes known as the "Australian Ballot," has been adopted by numerous nations worldwide. By casting their ballots in secret, voters are protected against intimidation, retaliation, and bias. All federal Parliament members are chosen by the Australian people.

Thus according to the factual circumstances of the case and the given provision that Mr. Andy Anderson is charged with, it can be found out that he is guilty of offence under Section 6 of the Election (Prohibition of Harassment) Act 2022 (‘Act’).

Case of Boris Brandt

On April 6, 2022, Boris Brandt (he/him) was strolling down a city street in the capital city with a coworker. He said to his colleague, "I'll give you five reasons why you should vote Green on the weekend," as overheard by a police officer. He then started outlining the benefits of his friend doing so. He was quickly taken into custody by the policeman.

Under the said Act, when a person violates the law when they seek to influence, convince, or sway another person or group of people on a public street regarding an election, election outcomes, or a political issue in an election. Australian nationals must register to vote at the age of 18 or older. Additionally, it is required that you vote in person on election day or by mail. Australians elect representatives to the Senate and the House of Representatives during federal elections to reflect their interests and viewpoints. When a person is treated less favourably due to certain personal traits, such as race, sex, pregnancy, marital status, breastfeeding, age, handicap, sexual orientation, gender identity, or intersex status, it may constitute harassment and be illegal. There are certain restricted exclusions and exemptions.

While, any form of speech is permitted, including verbal and written communication, media coverage of public protests, broadcasting, creative creations, and commercial advertising. Right is not unqualified. It comes with unique obligations and might be prohibited for a number of reasons. Examples of limitations include blocking access to particular websites, encouraging violence, or categorising creative content. There must be restrictions on freedom of expression in order to prevent the promotion of hatred that amounts to incitement to discrimination.

Thus, in this case it can be seen that Boris Brandt was only iterating his opinion to his fellow acquaintance of casting vote in favor of a particular political candidate. He can only be said to have been exercising his freedom of speech and expression which is his due right. Thus, he cannot be found guilty of offence under section Section 6 of the Election (Prohibition of Harassment) Act 2022 (‘Act’).

Case of Charlotte Chen

On April 8, 2022, Charlotte Chen (she/her), the proprietor of a bar in a sizable rural community, was yelling into a megaphone from the first-floor balcony of her establishment the benefits of supporting Slim Polmer's "Australia One Party." Police officers in the station two blocks away from the tavern could readily hear her. Charlie was detained by officers who arrived at the bar.

Section 6 of the Election (Prohibition of Harassment) Act 2022 (‘Act’) states that A person commits an offence if they harass another person or group of people on a public street by making attempts to influence, persuade, or sway them on an election, election results, or a political topic in an election. There is no exception or restriction that may be made to the clause's freedom to have opinions without interference. The freedom of speech guaranteed by this clause is protected in all media, including written and verbal communication, the media, public protest, broadcasting, creative creations, and commercial advertising. The right safeguards unpopular information and ideas, especially those that may shock or offend, in addition to favourable information and ideas (subject to limitations). Special obligations and limitations may apply to freedom of expression, which are covered in more detail below. When developing a measure that restricts freedom of expression, one should consider whether the measure can be supported by the legal justifications for the restriction, whether it will be successful in achieving the goals, whether it restricts freedom of expression more than is necessary, and whether there are less onerous ways to accomplish the goals.

Thus, considering the factual circumstances in Chen’s case, the speech can still be considered outside the purview of the offence involving incitement, persuasion or swaying that other person with a malafide intention to influence the election results.

Case of Danielle Dilip

Danielle Dilip (she/her) was detained on April 8, 2022, as she walked along the suburban street where she resided while sporting a t-shirt that said, "You'd be foolish to vote for any of them!" in huge, easily readable type.

Under Section 7 of the Election (Prohibition of Harassment) Act 2022 (‘Act’) a person commits an offence if they solicit or attempt to encourage another person to vote for a specific candidate or political party while they are on a public roadway. “Voter solicitation” is also referred to as “electioneering” or “campaigning.” The term "solicitation" can refer to a variety of activities, including but not limited to asking for or attempting to obtain a vote, fact, opinion, or contribution; distributing or attempting to distribute political or campaign literature, leaflets, or handouts; conducting a poll, with the exception of exit polling; asking for or attempting to obtain signatures on a petition; and selling or attempting to sell any item. The authorities may, however, deviate from certain of their legal commitments in order to limit unlawful solicitation, including the right to freedom of expression "in time of public emergency which threatens the life of the nation and the existence of which is officially announced." Such actions are only permitted "to the degree necessary required by the circumstances, provided that such actions are not inconsistent with their other commitments under international law and do not include discrimination on the basis of race, colour, sex, language, religion, or socioeconomic origin." The right is meant to safeguard the freedom of speech in all forms, including writing, speaking, using the media, participating in demonstrations in public, broadcasting, producing artistic works, and using commercial advertising. The right safeguards unpopular information and ideas, especially those that may shock or offend, in addition to favourable information and ideas (subject to limitations). Special obligations and limitations may apply to freedom of expression, which are covered in more detail below.

While under the present factual circumstances, Danielle Dilip’s speech could only be comprehended to express his opinion and not intended to persuade or solicit any votes from the public, he could not be held guilty under Section 7 of the Election (Prohibition of Harassment) Act 2022 (‘Act’).

Case of Erin Eastland

Erin Eastland was distributing flyers at her neighborhood railway station some time later on Friday, May 20, 2022, the day before the Australian Federal Election. The flyers identified five impending climate-related crises under the heading "Five things to ponder before you vote." On the brochure's back page, it said, "Now is the moment to vote for the one party that has always given a dam about the environment!" in huge green letters. However, the booklet made no specific reference to any political party.

Under the relevant provision of Section 7 of the Election (Prohibition of Harassment) Act 2022 (‘Act’), If someone solicits or tries to persuade someone else to vote for a certain candidate or political party while they are on a public street, they are breaking the law. Electioneering and campaigning are other terms used to describe "voter solicitation." According to the legislation, freedom of expression may be restricted in accordance with the law and where it's essential to safeguard other people's rights, reputations, or safety, as well as the public's health or morality. Legislation must provide limitations that are both reasonable to the need on which they are based and required to accomplish the desired goal.

Thus, under the present scenario, Erin Eastland is guilty of offence under Section 7 of the Election (Prohibition of Harassment) Act 2022 (‘Act’) as her speech, under the garb of promoting concern for the environment, is clearly pointing out towards soliciting votes in favour of a particular party/candidate.

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