Laws v Australian Broadcasting Tribunal

The High Court of Australia considered an appeal by Mr Laws against a decision of the Australian Broadcasting Tribunal. The dispute concerned the Tribunal's finding that Mr Laws had breached the Broadcasting and Television Act 1942 (Cth) by broadcasting matter that was offensive to the standards of decency. Mr Laws contended that the Tribunal had erred in law in its determination.

The central legal issue before the High Court was whether the Tribunal had correctly interpreted and applied the provisions of the Act relating to offensive broadcasts. Specifically, the Court had to determine the proper test to be applied by the Tribunal in assessing whether broadcast material was offensive to the standards of decency, and whether the Tribunal had applied this test appropriately in reaching its conclusion.

The Court held that the Tribunal had erred in its approach. Mason C.J. and Brennan J. found that the Tribunal had adopted an overly subjective standard, focusing too much on the personal views of individual Tribunal members rather than an objective assessment of community standards. Deane and Gaudron JJ. agreed with this conclusion, emphasizing that the concept of "standards of decency" required an objective evaluation of what the community generally would find offensive. McHugh J. dissented, finding that the Tribunal's approach was permissible. The Court ultimately quashed the Tribunal's decision.