House debates

Monday, 18 November 2013

Constituency Statements

Racial Discrimination Act 1975

Photo of Michael DanbyMichael Danby (Melbourne Ports, Australian Labor Party, Shadow Parliamentary Secretary to the Leader of the Opposition) Share this | | Hansard source

The Prime Minister and the Attorney-General, loudly cheered on by News Limited and the conservative think tank IPA, are planning to repeal section 18C of the Racial Discrimination Act. This section is of course the one that affected Andrew Bolt, the News Limited columnist, who was found to have breached it when he penned a column on light-skinned Aborigines. Despite the legislation having been in force since 1995—that is, invented and legislated under the conservatives—it was a case against the most-read blogger in Australia and probably the biggest supporter of Abbott which galvanised the Liberal Party into action. I noticed that, strangely, the picture of Mr Bolt was larger than that of Mr Abbott in the post mortem of the elections that was run in that newspaper. I am not familiar enough with the details of the case to say that Mr Bolt was unfairly prosecuted. However, I do notice that some commentators on the Left—Bernard Keane and Margaret Simons—have criticised the decision.

A single controversial case does not make bad law. As Race Discrimination Commissioner Tim Soutphommasane noted:

have—

It is not, as some from the Right appear to claim, a law specifically aimed at stirrers such as Andrew Bolt. There have been several very important cases in which 18C was used against some of the most disgusting peddlers of hate in our society.

Jeremy Jones, the former President of the Executive Council of Australian Jewry, the national Jewish organisation, used section 18C to win a landmark case against Fredrick Toben, Australia's most notorious and persistent against-the-courts'-will Holocaust denier. This legislation has also been successful against an infamous Tasmanian denigrator of survivors of the Nazi genocide, Olga Scully; against an Arabic language paper in Sydney that incited, with infamous references to The Protocols of the Elders of Zion; and against a far Right political party that made the allegation that Jews created the internet to control information. I would like people who are on the internet to know that! According to Jones, without section 18C, we would not have had victories over Scully, Toben, One Nation or El Telegraph. In Jones's words:

As Dr Soutphommasane said:

As the doctor has also observed, a race hate attack in Bondi demonstrates:

That is why we need to keep 18C.