Battlelines drawn on free speech
With the Senate voting down the Coalition’s proposed reforms to section 18C, the battle lines for free speech have now been drawn: on one side we have the free speech true believers, and on the other we have those who campaign for government control over what we can or can’t say. The Senate decision is a blow to all who campaigned to reverse the destructive and chilling effect 18C has on public discourse.
To make matters worse, shadow attorney-general Mark Dreyfus QC gave an indication that Labor would be open to consolidation of discrimination legislation such that offence laws like 18C would also cover sexual orientation, gender, age and disability should they win government. If this were to happen, any chance of a public debate on same-sex marriage would go out the window along with the freedom for religions to speak publicly about their beliefs. Labor MP Anne Aly went further with her suggestion that there is scope for religion to be included in any extension of the legislation, which would in essence be a form of blasphemy law.
Federation of Islamic Councils president Keysar Trad has come out in support of Dr Aly’s suggestion, which is no surprise; offence laws must seem very appealing when you are trying to quash public criticism of your preferred ideology. But other religious leaders have spoken out against the proposed inclusion of sexual orientation in future legislation for the obvious reason that they will no longer be able to publicly express their views on sexuality and same-sex marriage without the risk of censure.
This highlights one trouble with laws based on a subjective measurement of offence given: everybody wants in. Under an extended regime of offence laws, Christians and Muslims would risk censure for offending the LGBT community if they expressed anti-SSM views in public and the LGBT community would risk offending Christians and Muslims when talking back. Muslims, Christians and members of other faiths would probably do a very good job of offending each other. What a merry-go-round. The only winners here are lawyers and the bureaucrats at the AHRC. It might suit your purposes to support a law that is designed to silence your critics, but when it hampers your own ability to speak freely, what then?
18C and these proposed new laws which seek to make causing offence on the basis of religion, sexual orientation, age or disability unlawful, represent a contravention of Australia’s obligations under the International Convention on the Elimination of all Forms of Racial Discrimination which seek to ‘guarantee the right of everyone to equality before the law and equality in the enjoyment of the rights to freedom of thought, conscience and religion, freedom of opinion and expression’. It is very difficult to exercise your right to criticise religious belief or the concept of same-sex marriage without offending somebody whose opinions on these topics are held with deep conviction.
Continue reading The state of free speech in Australia is in crisis





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