New blow, as judicial assault on free speech continues

Network Against Prohibition activist Gary Meyerhoff has lost his appeal against conviction for "affixing a bill to a pole without a permit".

Meyerhoff appeared in the Northern Territory Supreme Court yesterday and argued before Justice Stephen Southwood, telling the court that the bill-pasting law, section 97 of the Darwin City Council By-laws, breached his right to freedom of speech and political communication.

The activist was arrested on August 26, 2003 - caught red-handed by the Northern Territory Police sticking up posters promoting a week-long drug law-reform festival. He was found guilty by former NT Magistrate Anthony Gillies in October last year.

In a blow to free speech, Justice Southwood dismissed the appeal, finding that "the By-laws do burden freedom of communication about a government or political matter''.

"However, a mere restriction of the freedom of communication is not sufficient to invalidate the by-laws," he said.

Despite dismissing the appeal, Justice Southwood rejected the application for costs by Cameron Ford, representing council, referring to the case as "public-interest litigation".

"Decisions like this aren't easy," he said in his brief summing-up.

"Dissent and tolerance are important in the interests of a healthy democracy."

Meyerhoff is the first person here to be prosecuted under the legislation. He told the court he had recently applied for a permit to affix bills to poles, but the application was rejected by DCC.

Meyerhoff told Justice Southwood that although there was a process for applying for permits to stick up posters in the DCC jurisdiction, "it is all hot air''.

Meyerhoff said: "The permit system merely creates the illusion that a fair and democratic process exists and that we have free speech in Australia. This is all part of the illusion that Australia is a democracy.''

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