Hansard S18c Senator Brandis  

So who makes the decision what is offensive. According to Senator Brandis we all have the right to be offensive and people should toughen up.

S 474.17 of the crimes  Act protects shonky public servants from being exposed on the internet by claiming they have been offended .

                                                                                                    

 

 

 

 

 

Monday, 24 March 2014
Page: 1797

Racial Discrimination Act

Senator PERIS (Northern Territory) (14:12): My question is to the Attorney-General, Senator Brandis. I refer the Attorney-General to his speech to the Australian Liberal Students' Federation in July 2012, where he said:

… if we win the next election and if I'm the Attorney-General in an Abbott Government, one of my first priorities will be to remove … the Racial Discrimination Act, the provisions under which Andrew Bolt was dragged before the courts …

Does the Attorney-General still propose to remove 18C from the Racial Discrimination Act?

Senator BRANDIS (Queensland—Deputy Leader of the Government in the Senate, Vice-President of the Executive Council, Minister for Arts and Attorney-General) (14:12): I am glad Senator Peris has read my speech to the Australian Liberal Students' Federation annual conference. I am flattered to think that she follows my speeches so carefully—though, Senator Peris, you omitted a very relevant word from the quotation, and that is the word 'from'.

It is certainly the intention of the government to remove from the Racial Discrimination Act those provisions that enabled the columnist Andrew Bolt to be taken to the Federal Court merely because he expressed an opinion about a social or political matter. I will very soon be bringing forward an amendment to the Racial Discrimination Act which will ensure that that can never happen in Australia again—that is, that never again in Australia will we have a situation in which a person may be taken to court for expressing a political opinion.

The problem with section 18C of the Racial Discrimination Act, as it is currently worded, is that it goes about the problem of dealing with racial vilification in the wrong way. What it seeks to do is to deal with the problem of racial vilification by political censorship. There should never be political censorship in this country, Senator Peris. People like Mr Bolt should be free to express any opinion on a social or a cultural or a political question that they wish to express, just as Mr Bolt would respect your right to express your opinions about social or political or cultural issues.

Senator PERIS (Northern Territory) (14:14): Mr President, I ask a supplementary question. Can the Attorney-General confirm that he is a personal signatory to the London Declaration on Combating Antisemitism; and does the Attorney-General stand by his pledge to legislate effective hate crime legislation, including incitement to hatred offences?

Senator BRANDIS (Queensland—Deputy Leader of the Government in the Senate, Vice-President of the Executive Council, Minister for Arts and Attorney-General) (14:15): It might surprise Senator Peris to learn that, at the moment, there is no law of the Commonwealth of Australia that prohibits racial vilification—not one. There is no law of the Commonwealth of Australia that prohibits the incitement to racial hatred—none. When the government deals with this matter, the law will be in a better position to deal with incitement to racial hatred.

Senator PERIS (Northern Territory) (14:15): Mr President, I ask a further supplementary question. I refer the Attorney-General to comments made by the member for Hasluck, Mr Wyatt, who told Fairfax media:

… what I wouldn't like to see is a regression that allows those who have bigoted viewpoints to vilify any group of people at all …

Won't removing section 18C facilitate vilification by bigots?

Senator BRANDIS (Queensland—Deputy Leader of the Government in the Senate, Vice-President of the Executive Council, Minister for Arts and Attorney-General) (14:16): People do have a right to be bigots, you know. In a free country, people do have rights to say things that other people find offensive, insulting or bigoted. Nevertheless, through you, Mr President, may I point out to Senator Peris that section 18C, in its current form, does not prohibit racial vilification. Section 18C in its—

Opposition senators interjecting—

The PRESIDENT: Order, on my left!

Senator Wong interjecting—

Senator BRANDIS: I will take that interjection. People have the right to be—

The PRESIDENT: Senator Brandis, you are entitled to be heard in silence and hence you have been stopped at this moment. Senator Brandis, continue.

Senator BRANDIS: I will take that interjection, Senator Wong. Senator Wong interjects, 'Yes, George, you go out there and defend the right to be bigoted.' Well, you know, Senator Wong, a lot of the things I have heard you say in this chamber over the years are, to my way of thinking, extraordinarily bigoted and extraordinarily ignorant. But I would defend your right to say things that I consider to be bigoted and ignorant. That is what freedom of speech means.