Section 18C: Turnbull denies bowing to the Right on race hate laws
Poor Turncoat, their ABC will start "hating" him soon.
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http://www.abc.net.au/news/2017-03-21/t ... 8c/8372186
Labor, Greens cynical 18C move
The Australian
2:04PM March 22, 2017
Chris Kenny
Associate Editor (National Affairs)
We need to call out the cynical way in which Labor and the Greens are seeking to use the 18C issue to inflame divisive race-based debate for political purposes. They are deliberately misrepresenting the aims of the proposed changes to the Racial Discrimination Act as somehow giving a “green light” to racism. This is dishonest and irresponsible.
“As someone who has been subjected to racism time and time again — as I was growing up, and even in my life now — please give me an answer: what exactly does the Prime Minister want people to be able to say that they cannot say now?” asked Labor’s Anne Aly. “PM, what changed between then and now, what insults do you want people to be allowed to say?” asked Bill Shorten.
Both Shorten and Aly know the proposed changes will keep section 18C on the statute books so that racial vilification will still be outlawed in this nation under federal law (along with a range of complementary state laws against abuse, threats and vilification, and other protections such as defamation and obscenity laws).
They know the reforms proposed by the government aim only to prevent the repetition of clear cases of overreach against free speech. Queensland University Students were put through a tortuous, stressful and expensive three year legal process, changing the course of their lives, for making comments that were not, by any objective test, either racist or offensive. And this newspaper’s recently deceased editorial cartoonist Bill Leak was pursued and publicly shamed over claims of racism when he was doing what he did best; drawing national attention to an issue of national concern, namely the abominable disadvantage and dysfunction confronting indigenous youth.
The 18C reforms proposed by Malcolm Turnbull aim to eradicate authoritarian overreach against individuals in a free society. They aim to limit instances of unfair and unwarranted institutional intrusions into people’s lives.
Yet Labor and the Greens seek to portray this as unleashing some racist dystopia in our country. They must have an extremely low opinion of mainstream Australians.
They must think people in the suburbs and regions are champing at the bit to throw off the shackles of a few words in a piece of legislation so that they can launch racist abuse at their neighbours. What rot.
The greatest weapon and most consistently effective measure in combating racism is the daily imposition of reasonable standards by the overwhelming majority of tolerant, fair-minded people in their daily lives. No change to the law will change this reality.
A more sensible limit on the intrusions of the Australian Human Rights Commission — which has styled itself as some sort of thought police squad — can only be seen as a vote of faith in the good sense of the public.
Perversely, many members of the media have joined Labor and the Greens in their opposition to these reforms. This is astounding behaviour from journalists who would be expected to show a bias in favour of free speech.
But then we shouldn’t be surprised. So partisan have many of them become that they supported Labor and the Greens five years ago when they proposed de facto regulation of print media content.
If Turnbull’s amendments are passed, racial vilification will still be against the law. Shorten and Aly know this — why do they pretend otherwise? And in the here and now, racial vilification laws do not prevent the racist mutterings of a tiny minority of individuals; they never will.
Changing the law to prevent overreach and the unfair persecution of people like Leak and the QUT students will not give anyone a new licence for hate. In fact if the changes are passed by parliament, no one should notice anything. The only ramifications should be to decrease the future likelihood of odious overreach by the AHRC.
When politicians and analysts say the Coalition could lose marginal seats because of this proposal, what they are really saying is that Labor will run disingenuous campaigns in these seats pretending that the government is giving a nod to racism.
If Labor runs such deliberately divisive campaigns and seeks to win votes on the back of misleading claims about racism and intolerance it will be a lie that puts the Mediscare stunt to shame.
It will be no less dishonest and even more damaging to the national project. It will be an attempt to foment racial disharmony for political gain; a tactic that by definition would be racist.
Turnbull strikes a fair balance on free speech
The Australian
12:00AM March 22, 2017
“What insult do they want people to be able to say that they cannot say now?” Bill Shorten asks in what he may think is a zinger argument against amending section 18C of the Racial Discrimination Act. Opponents of the reforms disingenuously have tried to characterise proposed changes as an attempt to give a green light to racism. This is a deliberately divisive rhetorical tactic. “What exactly do they want to be able to say?” asks the Opposition Leader. Given this newspaper has led the charge for reform, let us attempt to answer Mr Shorten’s question.
We think Australia would be a fairer and more honest society if Queensland University of Technology students, surprised by the allocation of a computer room for the exclusive use of indigenous students, were able to post words on Facebook such as “QUT; stopping segregation with segregation” without being hauled through a long, expensive, stressful and damaging legal process. We also think this nation would have more open and productive public debate if a cartoonist such as the late, great Bill Leak could draw a confronting cartoon focusing on unpalatable truths about links between juvenile delinquency and social dysfunction in some indigenous families and communities without having a government-funded authority effectively brand him racist and call for complaints to be made against him before setting about processing the matter. Indeed, debate about crucial matters of identity politics would be better served if News Corp columnist Andrew Bolt could write blunt columns about how people choose to identify themselves when applying for grants, jobs and other preferment offered on the basis of indigeneity without being taken to court to be branded racist and have two columns banned from republication. If none of these specific cases trouble Mr Shorten and others who suggest there is no issue to deal with, perhaps they should consider the companies and organisations that have been presented with 18C complaints and decided to offer cash payments to make the matter go away and avoid the sort of public shaming described above.
This is the reality of section 18C as it exists and as it has been administered by the Australian Human Rights Commission under Gillian Triggs. Natural justice, fairness and common sense seem to have been cast aside in favour of grandstanding in the cause of identity politics. The law has been used as a weapon against innocent people, the process has been the punishment. This can have had only a dampening impact on freedom of speech, increased divisions in our society and diminished the quality of public debate. We should not tolerate racism in our enviably pluralist society, but the best way to combat it is by the widespread adoption of strong community standards and free debate — not by the heavy-headed imposition of subjective laws.
Malcolm Turnbull deserves congratulations and encouragement for taking up this challenge. His 18C changes outlined yesterday have won praise inside his partyroom and publicly from the man he dethroned, Tony Abbott, who failed to deliver on this difficult reform. The Australian has suggested repealing the section but, given the political difficulties, the proposed amendments are a deft compromise. Importantly, they eliminate the low threshold tests of offend, insult and humiliate, to be replaced by the sterner test of harassment. They also look to affirm the reasonable person test rather than allow cases to be judged on the standards of the allegedly aggrieved. They also strengthen processes within the AHRC to eliminate spurious claims. The Prime Minister correctly points out the legislation has “lost its credibility” in the public eye and therefore cannot be effective. And he has invoked the trauma of the QUT students and Leak as examples of what must be avoided.
Given the dynamics of public debate, we know the public excoriation of these people will have caused others to check their contributions. Their words and perhaps even their cartoons will have been stifled. Valuable insights into difficult dilemmas may have gone unheard. This is anathema to freedom of expression in a liberal democracy. Amending 18C will not instantly unleash enlightened debate across our land — nor will it eliminate the bigoted interventions of individuals — but it will better reflect our bias towards free speech and reduce the stultifying influence of self-appointed thought police who marshal debate in matters of social and political importance.
The Coalition will need to weather an ugly debate to deliver this reform. It will not be easy. It will need to ignore Twitter, the ABC and other so-called progressive media and instead place its faith in the intelligence of mainstream voters. As the Prime Minister said yesterday, this seems to jar with Labor’s view. “They (ALP) believe that Australia is a nation of racists,” Mr Turnbull said, “only held in check by Gillian Triggs and section 18C; we have more respect for the Australian people than the Labor Party does.” It is a compelling point. His reforms deserve the support of parliament.
This fucking leech wants to make a compulsory vehicle trip for everyone who says anything he doesn't agree with with.When Mr Dreyfus was asked by an audience member if section 18C should be extended to cover gender and disability, he said Mr Wilson had reminded him of the “failed project which I hope to return to of consolidating the five anti-discrimination statutes when we are next in government”.
“One of the things we’ll be looking at is this very point of whether or not we should set a standard about speech generally,” Mr Dreyfus said.
“I want to have standards set in a community which respect the dignity of every Australian. I think it’s very important and something to be fought for.”
http://www.ozpolitic.com/forum/YaBB.pl? ... 9762/75#75
Aussie wrote:Does that image not say that Aboriginal Fathers are not only drunks, they do not know that name of of their kids?
If that does not breach 18C and leave him with no defence under 18D, I am not typing this.
That is yet another reason why Turdfull is suddenly keen to just make it about 'harass.
http://www.theaustralian.com.au/busines ... 2efe204d95Mutant DNArever wrote:In fact this is an example of a complaint that never went to court, apparently it would have ended much quicker had Leek responded to the commission. Any response citing 18D would have been enough to end the matter.
Australian Human Rights Commission president Gillian Triggs has conceded she did receive a response from the legal team representing Bill Leak, a cartoonist from The Australian, after a complaint was made against him under section 18C of the Racial Discrimination Act.
The concession, made in an opinion piece written yesterday for The Guardian, comes after Professor Triggs initially told a Senate hearing the commission had never received a defence from Leak’s lawyers under section 18D of the act.
She has since offered a confused narrative of events by appearing to acknowledge receipt of a letter from Leak’s lawyers, but arguing it was insufficient to constitute a formal submission or “good faith” defence under section 18D.
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