To tweet or not to tweet? That was the question

On 7 August 2019, the High Court of Australia handed down a unanimous decision in Comcare v Banerji [2019] HCA 23, in which it held that the termination of a public servant’s employment (after she anonymously tweeted criticism of departmental policies) was constitutionally permissible. The High Court overruled an Administrative Appeals Tribunal (AAT) finding that the termination was in breach of the implied constitutional freedom of political communication. Whilst the decision specifically relates to public sector employment, the High Court made a cautionary statement about the risks of anonymous social media posts. This caution applies to all employees, so employers should ensure their Social Media policies are up to date and able to deal with anonymous social media posts. The employee, Ms Banerji, worked within the Department of Immigration and Citizenship (the Department) from 2006 to 2012. In this time, she operated a Twitter account under the handle @LaLegale. Using…