Our submission to the Parliamentary Free Speech Inquiry
Hi ,
When we had our first workshop to plan the formation of the Australian Institute for Progress, one of the issues that came up across the board was Section 18C of the Racial Discrimination Act 1975 (Cth).
The government has referred to the Parliamentary Joint Committee on Human Rights the following two matters for inquiry and report:
- whether the operation of Part IIA of the Racial Discrimination Act 1975 (Cth) (including sections 18C and 18D) impose unreasonable restrictions on freedom of speech; and
- whether the complaints-handling procedures of the Australian Human Rights Commission should be reformed.
We have made a submission that Section 18C ought to be removed from the act, which would have the consequence of also removing 18D, as well as making moot the issue of how the AHRC deals with complaints.
You can read our submission by clicking here.
We've assumed that others will argue the free speech arguments in detail, so we've concentrated on some areas of concern to us which might not be adequately covered elsewhere.
There is a tendency to create legislation that enshrines minority rights, and this actually tends to create a more, rather than less, divided community.
There is also a fashion to believe there ought to be a right of freedom from offence (or anything unpleasant). Not only does this work against the genius that has created Western society - which has conferred rights and wealth on all, from the lowest to the highest, never enjoyed before by any civilisation in the history of humanity - but it works to create a society lacking in resilience.
You may be surprised to know that not only is there no evidence the Racial Discrimination Act has reduced discrimination, but there is evidence from recent surveys that discrimination may actually have increased, even as the Act has received more attention than ever before.
An review of 18C and 18D is a good place to start, but it seems that our approach to human rights and minorities needs a major overhaul.
Regards
Graham Young Executive Director Australian Institute for Progress
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