The Australian on 23 January 2013 reported:
What Abbott appears to be objecting to can be found in this section of the draft Human Rights and Anti-Discrimination Bill 2012:
1 Division 3—Racial vilification
2 51 Racial vilification is unlawful
3 When racial vilification is unlawful
4 (1) It is unlawful for a person (the first person) to engage in racial
5 vilification.
6 (2) Conduct of a person is racial vilification if:
7 (a) the conduct is reasonably likely, in all the circumstances, to
8 offend, insult, humiliate or intimidate another person or a
9 group of people; and
10 (b) the first person engages in the conduct:
11 (i) because the other person, or one or more members of
12 the group, is of a particular race, or because the first
13 person assumes that to be the case; or
14 (ii) because the other person, or one or more members of
15 the group, has an associate who is of a particular race, or
16 because the first person assumes that to be the case; and
17 (c) the conduct is engaged in otherwise than in private.
18 (3) For the purpose of subsection (2), conduct is engaged in otherwise
19 than in private if:
20 (a) it causes words, sounds, images or writing to be
21 communicated to the public; or
22 (b) it is engaged in:
23 (i) in a public place; or
24 (ii) in the sight or hearing of people who are in a public
25 place.
26 This subsection does not limit the circumstances that may
27 constitute engaging in conduct otherwise than in private.
28 Exception
29 (4) Subsection (1) does not make it unlawful for a person to say or do
30 something, reasonably and in good faith:
31 (a) in the performance, exhibition or distribution of an artistic
32 work; or
1 (b) in the course of any statement, publication, discussion or
2 debate made or held for any genuine academic, artistic or
3 scientific purpose or any other genuine purpose in the public
4 interest; or
5 (c) in making or publishing:
6 (i) a fair and accurate report of any event or matter of
7 public interest; or
8 (ii) a fair comment on any event or matter of public interest
9 if the comment is an expression of a genuine belief held
10 by the person making the comment.
Abbott’s objection raises a problem because the current Racial Discrimination Act 1975 contains this section (below) which also uses the phrases to offend and causes words, sounds, images or writing to be communicated to the public.
An act of parliament that during his time in government from 1996 through to 2007 he apparently did not seek to amend to remove the alleged threat to free speech.
Tony Abbott appears to have 'found' a censorship trigger within the bill before Federal Parliament just in time for this year’s election campaign.
18C Offensive behaviour because of race, colour or national or ethnic origin
(1) It is unlawful for a person to do an act, otherwise than in private, if:
(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and
(b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.
Note: Subsection (1) makes certain acts unlawful. Section 46P of the Australian Human Rights Commission Act 1986 allows people to make complaints to the Australian Human Rights Commission about unlawful acts. However, an unlawful act is not necessarily a criminal offence. Section 26 says that this Act does not make it an offence to do an act that is unlawful because of this Part, unless Part IV expressly says that the act is an offence.
(2) For the purposes of subsection (1), an act is taken not to be done in private if it:
(a) causes words, sounds, images or writing to be communicated to the public; or
(b) is done in a public place; or
(c) is done in the sight or hearing of people who are in a public place.
(3) In this section:
public place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.
Section 18C does not render unlawful anything said or done reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
(c) in making or publishing:
(i) a fair and accurate report of any event or matter of public interest; or
(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.
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