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Critical Severity

Speech Suppression Without Fault

Section 64(6) permits Stop Communication Directions to be issued "even if the person does not know or has no reason to believe that the information is false"—establishing strict liability for speech restrictions. This eliminates the fault requirement fundamental to free speech protections in democratic societies, where restrictions typically require at minimum negligence or recklessness. Combined with the undefined "substantially similar" standard in s.64(3), speakers face orders to cease not only specific statements but also any related content the Division or Court deems similar, creating a chilling effect that encourages self-censorship. The provision functions as prior restraint, preventing future speech rather than addressing past harm, with initial adjudication by the Division (an executive body) rather than courts.