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2014/05: Should Australia's Racial Discrimination Act be amended?
Introduction to the media issue
Video clip at right:On April 5, 2014, the ABC’s Lateline program ran a segment outlining Attorney-General George Brandis’s claim that ‘people do have the right to be bigots’ and the proposed changes to section 18C of the Racial Discrimination Act. The segment includes an interview with Senator Brandis. If you cannot see this clip, it will be because video is blocked by your network. To view the clip, access from home or from a public library, or from another network which allows viewing of video clips.
What they said...
'People do have a right to be bigots, you know. In a free country, people do have rights to say things that other people find offensive, insulting or bigoted'
Senator George Brandis, federal Attorney-General
'In this context, appeals to freedom are essentially calls to prioritise a right to discriminate...'
Rachel Ball, director of advocacy and campaigns at the Human Rights Law Centre
The issue at a glance
On March 25, 2013, federal Attorney General, Senator George Brandis, released an exposure draft of the amendments to section 18C of the Racial Discrimination Act.
Section 18C of the Racial Discrimination Act, in its current form, makes it unlawful for someone to make comments that are reasonably likely to 'offend, insult, humiliate or intimidate' someone because of their race or ethnicity.
Senator Brandis is seeking to remove the words 'offend, insult and humiliate' but to leave 'intimidate'.
Senator Brandis has also proposed repealing section 18D of the Act, which provides exemptions that protect freedom of speech. These ensure that artistic works, scientific debate and fair comment on matters of public interest are exempt, providing they are said or done reasonably and in good faith. The amendment would essentially remove the 'good faith' provisions.
Senator Brandis has justified the amendments in terms of ensuring freedom of speech. Critics are concerned that the amendments will serve to remove significant legal protections against racially motivated abuse and further that the amendments may foster other forms of racism within the Australian community.
The proposed amendments have drawn criticism from ethnic community groups, and Labor and the Greens have both said they oppose the legislation. But free speech advocates, including free-market think tank the Institute of Public Affairs, have thrown their support behind the changes.
The proposed changes will be subject to at least six weeks of community consultation.