So currently flag burning / public flag defamation is not 'illegal' however does it not break several other laws? Would burning or publically defaming the australian flag not be considered offensive to many people and therefore be an illegal act? I believe it would be considered public nuisance but I want actual advice from a lawyer. P.S. I would never burn the Australian flag or any other flag for that matter but I am just wondering after events during certain protests (Example: 'Invasion Day marches')