In 1992 and 1994 , the High Court of Australia found that the Constitution gave an `` implied '' right to freedom of political communication , in a series of cases including the Australian Capital Television case and the Theophanous case . In 1992 and 1994 , the High Court of Australia found that the Constitution contained an `` implied '' right to freedom of political communication , in a series of cases including the Australian Capital Television case and the Theophanous case .