Racial Discrimination Legislation

The Hon. G.A. KANDELAARS (15:48): What a relief it was to hear yesterday that the Abbott federal government has finally listened and has belatedly abandoned its proposal to change the Racial Discrimination Act and repeal section 18C.

Those changes would have been known as the Bolt repeal. It was contemplated following Federal Court action taken against conservative journalist and spear-carrier, Andrew Bolt, and The Herald and Weekly Times, for articles found to be in breach of the act. Section 18C of the act prevents acts (other than those committed in private) if it is reasonably likely to offend, insult, humiliate or intimidate another person or group of people on the basis of race, colour or national or ethnic origin of that person or group.

Of course, section 18D provides exemptions if that act is a fair and accurate report of any event or matter of public interest or fair comment on a matter of public interest, if it is an expression of a genuinely-held view by the person making the comment. Justice Bromberg of the Federal Court, in the Bolt case, was not satisfied that Mr Bolt's conduct was exempt by section 18D and said:

I have not been satisfied that the offensive conduct that I have found occurred is exempted from unlawfulness by section 18D. The reasons for that conclusion have to do with the manner in which the articles were written, including that they contained errors of fact, distortions of the truth and inflammatory and provocative language.

There is no compelling reason to amend this act. Until as recently as yesterday, Senator Brandis was hiding behind the shield of free speech, although it would appear that the proposed changes were the price he found acceptable to pay off a friend in the media. For some unknown reason Senator Brandis went so far as to say in parliament that people do have a right to bigotry. I would suggest that never a more disgraceful statement has been made in parliament, not the least by an Attorney-General. These comments should be a worry to all; they were certainly a worry to me.

We also saw Holocaust denier Fredrick Töben strongly back the Abbott government's plan to water down race hate laws, describing them as a welcome challenge to the Jewish supremacism in Australia. How absolutely appalling! I have visited Auschwitz. It is an eerie place beyond comprehension. There is no doubt in my mind how real and profound the Holocaust was. Why would we have given Mr Töben extended freedoms? Mr Töben and people of his ilk need no assistance from the commonwealth government to peddle their hatred and propaganda that the changes to the Racial Discrimination Act would have provided.

It was pleasing that two senior Liberal figures interstate, the Premier of Victoria and the former premier of New South Wales, opposed the repeal, with the Victorian Premier acknowledging that the proposed changes could threaten Victoria's proud multicultural history. Less pleasing is the fact that South Australian senator Cory Bernardi appeared to be in violent agreement with Senator Brandis.

Australia is the envy of the world for its multicultural society and giving rednecks the unfettered right to insult, intimidate and harass other citizens would have only weakened and diminished the strength of our generally tolerant community. Bigotry and racial hatred should have no part in our multicultural society. Yes, free speech plays an important part in our democratic society, but critically it comes with responsibilities, and contrary to the views of senators Brandis and Bernardi, bigotry and racial hatred have no place in a modern multicultural society. Australian society and culture has been truly enriched by the broad origins of its inhabitants, from its first peoples through to refugees and migrants from all over the world.