Anne Aly (Cowan, Australian Labor Party) Share this | Link to this | Hansard source

My question is to the Prime Minister. Prime Minister has claimed that today's changes to section 18C of the Racial Discrimination Act are about increasing freedom of speech. What forms of racial speech does the Prime Minister want people to be able to say that they cannot say right now?

Malcolm Turnbull (Wentworth, Liberal Party, Prime Minister) Share this | Link to 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—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The member for Griffith is warned.

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

We have seen it with Bill Leak. A clear statute with clear language provides better protection. It provides protection both for Australians against racial vilification, but also the protection of free speech. Australians are entitled to speak freely. It is one of our fundamental rights. We are striking the balance at the right point between protection against racial vilification and protecting free speech. We have the balance right. Labor has lost the plot on this and on so many other issues.

Ms Ryan interjecting—

Tony Smith (Speaker) Share this | Link to this | Hansard source

The member for Lalor is warned.