By: Andrew Schneidman
Blog Category: International Law & Race
Australia announced major amendments to its Racial Discrimination Act that effectively reduce legal constraints on discriminatory speech. Since 1975, and until now, the Act banned actions “reasonably likely . . . to offend, insult, humiliate or intimidate others because of the race, colour or national or ethnic origin.” The new amendment removes from the Act the words “offend, insult, humiliate,” banning only actions “reasonably likely . . . [to] intimidate” or “vilify.” Moreover, the Act grants a major exemption, legalizing actions of racial intimidation made for any genuine purpose in the public interest. The change comes in the wake of the opinion handed down in Eatock v. Bolt, a 2011 case where a newspaper columnist was found to have breached the Act when he published two articles targeting fair-skinned Aborigines.
The amendment has triggered a public debate, with opponents arguing the amendment bolsters bigotry, and supporters claiming the amendment bolsters free speech. Opponents contend that the amendments will open the floodgates to racial discrimination in all public discussions. They fear the amendments’ exemptions are too broad, effectively endorsing acts of public discrimination in any public forum. Supports reason that the amendments correctly shift racial discrimination claims from the perspective of the group claiming to be offended to “the perspective of a reasonable member of the Australian community.” They maintain that the amendments simply bar frivolous lawsuits against innocent citizens.
Time will tell the true effect of Australia’s amendments to its Racial Discrimination Act, but one thing is clear: Australia’s courts have less say in matters of discriminatory speech.
The opinions expressed herein are strictly those of the author and do not necessarily reflect the opinions of the Widener Journal of Law, Economics & Race.
Gay Alcorn, Locked in a war of words to define free speech, The Sydney Morning Herald (Mar. 29, 2014), available at http://www.smh.com.au/national/locked-in-a-war-of-words-to-define-free-speech-20140328-35oi1.html.
Gillian Triggs, Race law changes seriously undermine protections, The Australian (Mar. 28, 2014), available at http://www.theaustralian.com.au/opinion/race-law-changes-seriously-undermine-protections/story-e6frg6zo-1226866727210#.
Martin Gilmour, Discrimination law change strengthening free speech, The Examiner (Mar. 29, 2014), available at http://www.examiner.com.au/story/2183828/discrimination-law-change-strengthening-free-speech/.