At present this only serves to protect members of the Jewish

Why the Racial Discrimination Act is worth defending

Freedom of speech and expression is inevitably a double edged sword. While it is very much the cornerstone of our democratic rights and freedoms, those who spew hateful and misleading vitriol ultimately thrive from the protection canada goose premium outlet it offers. This is precisely why our Federal anti discrimination laws need to be reviewed with an aim to strengthen, not diminish, legislative protections.

canada goose store Tony Abbott’s address to the Institute for Public Affairs (IPA) last week was unsurprisingly a crowd pleaser, as he attempted to appease his supporters at the IPA, score points with News Limited executives and staunchly defend his comrade Andrew Bolt. It was section 18C of the Racial Discrimination Act 1975 (RDA) that Bolt had been found to have contravened for publishing deceptive and offensive material about our already marginalised Indigenous population. canada goose store

canada goose coats So rather predictably Abbott launched his attack on this very section which, he implied, ought to be canada goose outlet in uk deemed as little more than a »hurt feelings» test. Whether his intention to repeal section 18C of canada goose outlet seattle the RDA and revert to common canada goose outlet toronto location law offences of incitement is an «aspiration» or a commitment is yet to be determined (although, as long as the Greens hold the balance of power in the Senate, such sweeping amendments may never see the light of day, even under an Abbott led government). canada goose coats

canada goose clearance sale Section 18C makes it unlawful to do an act that »is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people» on racial or ethnic grounds.» Section 18C is not about «hurt feelings,» or an impediment to discussing «alternatives» in the public sphere, nor is it about limiting freedom of speech. It is about offering legislative protection to the most vulnerable and marginalised members of our society our indigenous population, along with culturally and ethnically diverse communities and religious minority groups. canada goose clearance sale

Moreover, eliminating such legislative protections and relying instead on common law offences of incitement would not provide guaranteed protections, and would ultimately represent an appalling abrogation of responsibility for the most vulnerable. Section 18D of the RDA specifically exempts conduct which has been done reasonably and in good faith for particular specified purposes, including the making of a fair comment in a newspaper. It is a provision which, broadly speaking, seeks to balance the objectives of s18C with the need to protect justifiable freedoms of expression.

canada goose uk shop In the case of Bolt, Federal Court Judge Bromberg wasn’t satisfied that the offensive conduct was exempt under this section because of the manner in which the «articles canada goose outlet were written, including that they contained errors of fact, distortions of the truth and inflammatory and provocative language.» canada goose uk shop

Interestingly, an canada goose outlet store toronto edited extract of Abbott’s speech published in The Australian prior to his actual address at the IPA stated that he would «be prepared to maintain a prohibition on inciting hatred against or intimidation of particular racial groups.» This part was deleted from the address that he delivered later that day. Mr Abbott should clarify his intentions and explain which specific groups he feels are worthy of canada goose discount uk legislative protection.

The behaviour of the likes of Andrew Bolt and Alan Jones helps fuel racist sentiments and ultimately creates the sort of climate in which Cronulla style riots and individual acts of racially motivated violence can flourish. In its submission, the Federation of Ethnic Communities’ Council of Australia specifically raised the issue around the notable lack of expressed recognition of «religion» as a protected attribute under the Federal Discrimination laws.

Canada Goose Online Currently, discrimination on the grounds of religion is unlawful in the ACT, Queensland, Northern Territory, Tasmania, Victoria and Western Australia, with South Australia not providing any protection at all. In NSW, only discrimination on «ethno religious» as opposed to «religious» grounds is deemed unlawful, and even then the ethno religious categorization only extends to groups of people who are recognised as both ethnic and religious group. At present this only serves to protect members of the Jewish and Sikh faiths. Canada Goose Online

buy canada goose jacket cheap Despite statistics documented by a number of research institutions that all point towards an increase in Islamophobia in the West, Muslims and other faith groups which consist of ethnically diverse members are not afforded such protections under Federal laws as they do not fit into the «ethno religious» category, canada-goosejacketsale.net even though religion is often used as canada goose jacket outlet uk a pretext for what is, in reality, race discrimination. buy canada goose jacket cheap

uk canada goose outlet The only national law protecting people from discrimination on the grounds of their religion applies only in the context of employment and, disappointingly, isn’t actually enforceable in court. uk canada goose outlet

Canada Goose online Some are mounting the argument that increasing levels of Islamophobia in Australia has sped up a process of «ethnicization» of the Muslim Australian community and that, perhaps on this basis, Muslims should be seen to fit into an «ethno religious» category. In any event, as the then acting Race Discrimination Commissioner Dr William Jonas pointed out in 2003, «it may seem anomalous that anti Semitism is outlawed» and rightly so, I’d add «but Islamophobia is not.» Canada Goose online

canada goose As Abbott canada goose outlet toronto factory himself has admitted, «Freedom of speech can’t be absolute.» All freedoms and rights are coupled with responsibility. It is a sad state of affairs when our politicians feel the need canada goose outlet ontario to score political points at the expense of the most vulnerable members of our society canada goose.