Free speech in Parliament and the courts

Abstract

The Privy Council decision in Prebble v Television New Zealand Ltd on parliamentary privilege in the New Zealand House of Representatives might at first sight seem to be of little concern to either the British courts or the Westminster parliament. However, the New Zealand parliament bases its freedom of speech on article 9 of the Bill of Rights 1688. Indeed the need to allow MPs to speak freely in proceedings in parliament without fear of legal action is accepted as a basic principle throughout the Commonwealth. It is perhaps surprising that there is relatively little English case law on the meaning of this article. This may be because as Lord Browne-Wilkinson observed in Prebble, article 9 is one manifestation of a wider principle, namely: ‘that the courts and Parliament are both astute to recognise their respective constitutional roles.