Proposed changes to racial vilification laws explained

On 25 March 2014, Attorney-General George Brandis released an Exposure Draft of proposed changes to racial vilification protections contained in the Racial Discrimination Act. A public consultation process on the proposed changes has also been announced, with submissions due by 30 April 2014.

The Human Rights Law Centre has prepared an Information Paper to assist interested individuals and organisations to understand:

• how the current laws are working;
• the likely impact of the proposed changes
• our views on the proposed changes
• how to make a submission.

You can download a copy of the paper here.

A shorter guide to making submissions is here.

Below, we have included some additional materials and background information on Australia’s racial vilification laws, as well as links to further materials.

We will be updating this page throughout the consultation process. In particular, as the Federal Government will not be making submissions public, we invite individuals and organisations to send us a copy of their submission so that we can make them publicly available on this page.

HRLC Fact Sheets

• HRLC Fact Sheet: Australia’s Racial Vilification Laws
• HRLC "Myth-Buster": The Andrew Bolt Racial Vilification Case Explained

HRLC Media Statements

• 25 March 2014: Proposed exemptions licence the promotion of racial discrimination and hatred
• 18 March 2014: Serious concerns over proposal to weaken race hate speech protections
• 10 December 2013: Aboriginal, ethnic, religious and community groups: Australia must retain strong and effective protections against racial vilification

Legislation

Racial Discrimination Act 1975

Recent News Articles

• Article: “George Brandis' race hate law changes condemned by respected indigenous leader”, James Massola, Jonathan Swan, The Age, 31 March 2014
• Article: “Warren Mundine maintains criticism of Coalition's proposed changes to Racial Discrimination Act”, ABC News, 29 March 2014
• Article: “George Brandis rolled on changes to Racial Discrimination Act”, Peter Hartcher and James Massola, The Age, 27 March 2014
• Article: “Bigot backlash sours Tony Abbott’s free speech crusade”, Christian Kerr and Patricia Karvelas, The Australian, 26 March 2014
• Article: “Community Leaders Reject Changes to Race Hate Laws”, Pro Bono News, 20 March 2014
• Article: “The Recovery of Liberty”, Christian Kerr, The Australian, 20 March 2014
• Article: “Tony Abbott stands up to colleagues, critics on free speech”, The Australian, 19 March 2014
• Article: “Coalition MP Ken Wyatt prepared to cross floor over Racial Discrimination Act”, Eliza Bonello, ABC News, 18 March 2013
• Article: “Changes to race hate laws would 'license public humiliation of people because of their race’”, Jonathan Swan, Sydney Morning Herald, 18 March 2014
• Article: “Tony Abbott faces internal backlash over racial discrimination law change”, Daniel Hurst and Bridie Jabour, The Guardian, 18 March 2014
• Article: “Changing the Racial Discrimination Act: the power of one versus the voice of many”, Michelle Grattan, The Conversation, 12 March 2014
• Article: “Brandis to outlaw inciting hatred”, Nicola Berkovic, The Australian, 31 January 2014
• Article: “The two Tims, the IPA and the future of human rights in Australia”, Andrew Jakubovicz, The Conversation, 17 December 2013
• Article: “Pleas for strong and effective racial vilification laws”, SBS Radio, 10 December 2013
• Article: “Groups urge Fed Govt to retain race act”, Alison Caldwell, ABC Radio National – PM, 10 December 2013
• Article: “Over 150 groups rally against changes to racial discrimination laws”, Malarndirri McCarthy, NITV News, 10 December 2013

Opinion Pieces

• Opinion: Steven Lewis, “Proposed changes would dramatically weaken the Racial Discrimination Act”, The Australian, 28 March 2014
• Opinion: Waleed Aly, “Brandis' race hate laws are whiter than white”, The Age, 27 March 2014
• Opinion: “Sneers of political correctness hamper race debate”, Bruce Grant, The Age, 20 March 2014
• Opinion: “Beware any move to license racial hatred”, Tim Soutphommasane, The Age, 3 March 2014
• Opinion: “The Worst Way To Fight Racism”, Sarah Burnside and Helen Burnside, New Matilda, 21 February 2014
• Opinion: “Defending free speech”, Jacqueline Maley, The Age, 11 January 2014
• Opinion: “Racial vilification legislation is not about freedom but about how we think about race”, Warren Mundine, The Age, 18 December 2014
• Opinion: “There’s a cause for amendment but not repeal”, Hugh de Kretser, Herald Sun, 28 November 2013
• Opinion: “Abbott’s pandering betrayal: Why the Racial Discrimination Act is worth defending”, Mariam Veiszadeh, ABC The Drum, 13 August 2012

Other Sources

• Audio: “Freedom of Speech v Racial Discrimination Act”, Jonathan Green, Sunday Extra, ABC Radio National, 16 March 2014
• Video: “Friday Forum: Human Rights Commissioner, Tim Wilson, and Jeremy Jones, from the Australia, Israel and Jewish Affairs Council” Lateline, ABC Television, 14 March 2014
• Video: “Vilification, Discrimination & Defamation”, Q&A, ABC Television, 10 March 2014
• Speech: “Two Freedoms: Freedom of expression and freedom from racial vilification” Dr Tim Soutphommasane Race Discrimination Commissioner, Australian Human Rights Commission, 3 March 2014
• Discussion: “Free speech and the Racial Discrimination Act”, ABC Radio, Late Night Live, 2 December 2013
• Australian Human Rights Commission: “Spike in racial hatred complaints lodged with Commission”, Annual Report 2012-2013, 29 October 2013

Further Background Information

• National campaign: Racism It Stops With Me
• Australian Human Rights Commission – Race Discrimination Commissioner’s page
• Speech: Dr Tim Soutphommasane, Race Discrimination Commissioner, Dignity and Vigilance, 24 November 2013
• Speech: Professor Gillian Triggs, President, Australian Human Rights Commission, “Why racial hatred laws are vital to Australian multiculturalism”, 22 November 2013
• Publication: Australian Human Rights Commission, Racial Vilification Law in Australia (October 2002)

Other Useful Sites

• Australian Multicultural Council
• Diversity Council of Australia
• All Together Now
• Federation of Ethnic Communities' Councils of Australia
• Lawstuff: Know Your Rights
• Making Multicultural Australia
• Play by the Rules
• Racism: No Way!
• Refugee Council of Australia
• Settlement Council of Australia