Henry Palmerlee

Justice Gageler’s dissenting judgement in the recent case of Farm Transparency International Ltd v New South Wales [2022] HCA 23 includes an insightful explanation of why video-based political communication has attracted consistent judicial interest. His Honour argued that two unique characteristics of visual imagery – its persuasiveness and inherent veracity – make it a potent medium for political communication in the modern age.

In this piece, I consider Gageler J’s reasoning in the context of recent advances in video manipulation through artificial intelligence, specifically deepfakes.

Mike Wait

Dr Anne Carter’s new book, Proportionality and Facts in Constitutional Adjudication, makes a substantial and timely contribution to our understanding of a range of issues emerging in the burgeoning field of proportionality litigation. The focus of the book is on sources of evidence, burdens of proof and aspects of procedure. However, the book’s real strength is that it locates what are ultimately practical litigious issues within a sophisticated account of the evolution of the implied freedom of political communication in Australia and an appreciation of comparative approaches drawn from jurisdictions which have long wrestled with these issues.