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Top bureaucrats don’t want to be criticised on social media, but their fix may be unconstitutional

Some of the country’s highest-paid public servants would like politicians to stop posting videos of them online. It would be an antidemocratic, even unlawful, move.

Top Australian bureaucrats have called for parliament to restrict politicians from sharing clips of senior public servants answering questions during parliamentary inquiries on social media, citing concerns about officials being publicly criticized. The Secretaries Board, a committee of federal government department heads, has submitted a proposal to parliament that goes beyond existing laws against defamation and abuse, asking for a ban on the posting of such clips.

The board argues that these clips can be harmful, including ridicule and criticism, and that politicians may be undermining responsible government by allowing such content to circulate. However, some argue that the proposal is unconstitutional, as it directly burdens political communication and undermines the right to free speech.

The Australian Constitution's implied freedom of political communication requires that politicians be able to communicate about government activities to hold them accountable, and limiting the sharing of clips would directly impede this right. While there may be a need for culture change within the public service, the Secretaries Board's proposal appears to be overly restrictive and potentially unconstitutional.

Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.

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