Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Hansard source

I thank the honourable member for her question. The question is really this: what is the speech that the Labor Party say would not be prohibited under the revised wording? What is it? The terms 'harass' and 'intimidate' are clear English terms. It is perfectly plain what they mean. They are to be found in many statutes. The reality is that the language 'offend, insult or humiliate' has been criticised by one expert after another. Indeed, the High Court itself has been obliged to define it as involving 'serious effects, not to be likened to mere slights'. That is Justice Susan Kiefel, our Chief Justice.

It is plain that a statute should speak in language that is clear and accurate. What we have there is a statute whose language creates a pall of insecurity over writers, students and cartoonists, because people look at those words and they say, 'So that means that any insult, any offence, any humiliation, any hurt feelings are prohibited.' It is not an academic point. We have seen it with the university students at QUT—

Ms Butler interjecting—

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