Last edited by JohnC; 16-03-2014 at 14:39. Reason: add second quote
this summary which really should be read by anyone seeking to understand the operation of this law.
But since few people will actually click this link, let me make a few points.
The law is not about "making racist comments", but has a very specific construction which actually sets a fairly high bar for conviction. So, for instance, whether people are likely to have been offended etc, has been determined by the well-established "reasonable person" test by the judge, not simply testimonials by the complainants.
Second, there is a comprehensive defence available (18D), which is common to most speech laws, as follows:
Third, the judge found:Section 18C does not render unlawful anything said or done reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
(c) in making or publishing:
(i) a fair and accurate report of any event or matter of public interest; or
(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.
While 18C has become a cause celebre among conservatives, I have yet to read an articulation of their position that has genuine merit. In short, it's all a giant dog-whistle.I have not been satisfied that the offensive conduct that I have found occurred, is exempted from unlawfulness by section 18D. The reasons for that conclusion have to do with the manner in which the articles were written, including that they contained errors of fact, distortions of the truth and inflammatory and provocative language. (emphasis added)
I liked this article regarding penalty rates.
Last edited by BigRedV; 16-03-2014 at 18:16.
Hey. But at least there wasn't a sign that had the word 'witch' on it! These are much better.
Even the speakers were full of class.
Emcee Matt Wakefield, a Sydney comedian, warmed up the crowd with a reference to the ‘‘shameful, racist, homophobic...f--king a--hole that is Tony Abbott’’.
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