Television Corporation Ltd v The Commonwealth

Television Corporation Ltd and others (the appellants) brought an action against the Commonwealth of Australia (the respondent) seeking declarations that certain provisions of the Broadcasting and Television Act 1942 (Cth) (the Act) were invalid. The dispute concerned the validity of sections 116 and 117 of the Act, which imposed restrictions on the ownership and control of commercial television stations. The appellants, who held licences for commercial television stations, argued that these provisions were beyond the legislative power of the Commonwealth Parliament. The case was heard by the High Court of Australia.

The High Court was required to determine whether sections 116 and 117 of the Broadcasting and Television Act 1942 (Cth) were a valid exercise of the legislative power of the Commonwealth Parliament, specifically whether they were supported by the external affairs power or the corporations power. The appellants contended that these sections, by limiting the extent to which a person could hold shares in or control commercial television stations, infringed upon their proprietary rights and were not supported by any head of Commonwealth legislative power.

The Court, by majority, held that sections 116 and 117 of the Act were valid. The majority reasoned that the Commonwealth Parliament had the power to legislate with respect to broadcasting and television under the external affairs power, particularly in relation to international conventions and recommendations concerning broadcasting. Furthermore, the Court found that the provisions were also supported by the corporations power, as they regulated the activities of companies engaged in the business of operating commercial television stations. The legislation was seen as a legitimate means of ensuring diversity of ownership and control in the broadcasting industry, which was considered a matter of national importance.

The appeal was dismissed.