THE HON MARK DREYFUS QC MP
SHADOW ATTORNEY-GENERAL
SHADOW MINISTER FOR THE ARTS
MEMBER FOR ISAACS
MEDIA RELEASE
GOVERNMENT GIVES THE GREEN LIGHT TO RACISM
Changes to the Racial Discrimination Act announced by Senator Brandis today will significantly water down protections against racist hate speech in Australia.
Changes to the Racial Discrimination Act announced by Senator Brandis today will significantly water down protections against racist hate speech in Australia.
Senator Brandis has confirmed the repeal of Section 18C in the face of widespread opposition from the community, including ethnic groups.
The claims by the Attorney-General that these proposed amendments will "strengthen the Act's protection against racism" are blatantly untrue.
The new section proposed by Senator Brandis removes the words offend, insult and humiliate and replaces them with the term "vilify", which is narrowly defined as "to incite hatred against a person or group of persons", and "intimidate", which is causing "fear of physical harm" to a person, property or a group.
The amendments also remove the protections for freedom of speech in political communication contained in Section 18D.
The replacement provision to Section 18D is so broadly worded that it totally undermines the limited protections against racism that remain.
Under these changes, if statements are deliberately made for the purpose of racial abuse, they are protected.
The insertion of this narrowly and ineptly drafted new provision in an Act, which has a strong history of consultation and community consensus, is a disgrace.
Sections 18C and 18D were introduced into the Act in response to a number of reports on racial violence, including the National Inquiry into Racist Violence by Race Discrimination Commissioner Irene Moss and the great Australian lawyer Ron Castan QC, the Royal Commission into Aboriginal Deaths in Custody and the Law Reform Commission's Report, Multiculturalism and the Law, as well as international treaty obligations, including the International Convention on the Elimination of All Forms of Racial Discrimination.
The recommendations in these reports were shaped into Section 18C and 18D following extensive consultations throughout the community.
In contrast Senator Brandis' proposed new provision appears to be little more than an appeal to his far-right political interests, drafted in the Liberal Party room.
These sections of the Racial Discrimination Act have served Australians well for almost 20 years.
The Government needs to stand up to racism, not give it the green light.
Racism has no place in modern Australia. Senator Brandis defending the rights of bigots to be heard shows the ideologically blinkered framing of these changes.
Australians should send a message to Senator Brandis and Tony Abbott that these proposed changes should be rejected in their entirety.
TUESDAY, 25 MARCH 2014
