Category Archives: Indigenous Australians

When should free speech on race be constrained?

There’s an interesting court case going on at the moment in Melbourne involving a trollumnist and some remarks he made about particular members of a particular ethnic group. The trollumnist in question and his specific views and that specific case are not the focus of this post, but rather the general question of where precisely the line on commentary on race and culture should be drawn.

Obviously, suggesting or implying that someone fraudulently claims benefits to which they should not be entitled is already covered by defamation. The point of the Racial and Religious Tolerance Act 2001 is to extend protections to offended groups rather than individuals.

It is possible it went too far.

We’ll see how the Court interprets what Parliament legislated, but let’s discuss what we think the rule should be – even if that requires a change to the Act itself.

For my part, I’d agree that there should be some limit. If you had an ideologue calling for Jewish shopkeepers to have their shops smashed, that should be over the line. If you had a crank inciting hatred against Muslims by declaring that they were evil and inventing a whole host of outrageous smears against them – well, maybe that would cross the line, depending on how extreme those claims were and how likely they were to devolve into violence.

But if you have someone arguing, contrary to the evidence, that no remedial assistance is needed for a particular disadvantaged group that happens to have a racial or cultural link – well, maybe that’s just part of political debate.

Where should we draw the line? How about – beyond hurt feelings, at the point at which targets who didn’t read such an article start to feel real consequences from it.

NOTE: I won’t be publishing any comments that directly refer to a case currently being heard.