Appeals court overturns order against council watchdog's political posts
A judge ruled a council activist's posts about a Melbourne mayor are protected speech.
Dean Hurlston runs Council Watch. Hurlston won an appeal against a personal safety order made by a magistrate.
The order was issued because of his posts about Stonnington Mayor Melina Sehr. The magistrate found his posts crossed from fair comment into targeted ridicule.
One post showed the mayor as Miss Piggy. She said he meant to cause mental harm.
Judge Julie Clayton disagreed and overturned the order on Friday. Clayton found the magistrate's view of political speech was too narrow.
Hurlston's posts were mainly based on concern about the council's governance. She noted that politicians' personal integrity is a fair subject for public discussion.
Hurlston called it a win for watching elected officials.
- Dean Hurlston, Council Watch president
- Activist
- Melina Sehr, Stonnington
- Mayor
- Julie Clayton, County Court
- Judge
- Almost 500 pages of posts compiled by Sehr
- Dossier size
Why it mattersThe decision protects activists and journalists who criticize public officials online. It stops personal safety laws from silencing political speech.
AustraliaThis Victorian court ruling may influence how Australian law balances protection from harassment against the right to publicly scrutinise elected officials.
Corroborated bytheage.com.au·watoday.com.au
✓ Claims checked against the source. checked 5 d ago
