Parliamentary Library Blog

Parliament house flag post
  • Trumping racial vilification

    Posted 19/03/2014 by Kirsty Magarey

    There is currently heated debate over the Racial Discrimination Act 1975 (RDA) and its racial vilification provisions. This debate has been narrowly focussed on one section of the Act, and has sometimes failed to recognise the impact of the following ‘free speech’ provision.

    The media’s coverage has focussed almost exclusively on section 18C of the RDA. 18C makes it illegal for someone to do a public act which is ‘reasonably likely, in all the circumstances,’ to ‘offend, insult, humiliate or intimidate’ someone on the basis of their race (‘the vilification section’). There has been less attention paid to section 18D, which  provides an overarching freedom of speech limitation on the restrictions of 18C (‘the freedom of speech section’). As an example, the ABC’s recent discussion of ‘Freedom of speech and the RDA’ included a detailed examination of 18C, but made no reference to the freedom of speech section.

    Read more...

    TAGS: human rights; Racial Discrimination Act

    Comments (0)
Facebook LinkedIn Twitter Add | Email Print

FlagPost

Flagpost is a blog on current issues of interest to members of the Australian Parliament


Parliamentary Library Logo showing Information Analysis & Advice

Search: FlagPost


Search

Archive

Syndication

Tagcloud

immigration refugees elections taxation asylum Parliament criminal law election results Australian Bureau of Statistics social security disability citizenship Indigenous Australians political parties United Kingdom UK Parliament Census statistics banking early childhood education Middle East Australian foreign policy OECD Australian Electoral Commission voting mental health Employment military history by-election election timetable China; Economic policy; Southeast Asia; Africa housing Speaker; House of Representatives; Parliament Productivity Defence income management asylum seekers High Court; Indigenous; Indigenous Australians; Native Title Senate ACT Indigenous education Norfolk Island External Territories leadership aid Papua New Guinea emissions reduction fund; climate change child care funding Electoral reform politics refugees immigration asylum Canada procurement Australian Public Service firearms Indigenous health constitution High Court e-voting internet voting nsw state elections 44th Parliament women 2015 International Women's Day public policy ABS Population Age Pension Death penalty capital punishment execution Bali nine Bali bombings Trade skilled migration Private health insurance Medicare Financial sector EU national security fuel China soft power education violence against women domestic violence Fiji India Disability Support Pension disability employment welfare reform Tasmania Antarctica China Diplomacy Australian Sports Anti-Doping Agency World Anti-Doping Agency Sport ASADA Federal Court WADA ADRV by-elections state and territories terrorism terrorist groups Bills corruption anti-corruption integrity fraud bribery transparency corporate ownership whistleblower G20 economic reform science innovation research and development transport standards Afghanistan Australian Defence Force NATO United States social media Members of Parliament Scottish referendum Middle East; national security; terrorism higher education Higher Education Loan Program HECS welfare policy pensions social services welfare ASIO Law Enforcement Australian Federal Police Australian Secret Intelligence Service intelligence community Criminal Code Amendment (Misrepresentation of Age to a Minor) Bill 2013 sexual abuse online grooming sexual assault of minors labour force workers

Show all
Show less
Back to top