Monday, after the early morning victory by Jamaican runner Usain Bolt and aside from the other action that has been and has continued to occur in England has been pretty much all about freedom of speech. The discussion about free speech today arose from a speech that Tony Abbott made to the right-wing think-tank, the Institute of Public Affairs. The Opposition Leader’s speech took on the topic of free speech from two separate, but linked directions.
In one instance it was about regulation of the media in general as far as government plans post-Finkelstein and Convergence Review. Those changes proposed in both inquiries would seek to place unwanted and unnecessary restrictions on our media in the future, stifling their ability to provide fearless criticism of dreadful governments of both political persuasions.
The second front in which freedom of speech was tackled was in relation to the recent Andrew Bolt racial villification case and the appropriateness or otherwise of having a Racial Discrimination Act with a very loose definition of wrongdoing. Section 18C of the Act was singled out for treatment. The broader narrative of the talk on free speech was also applied to the case of Andrew Bolt.
Among the proposals advocated for in the recent Finkelstein and Convergence Review’s are a News Media Council which would be a new regulatory body to oversee media outlets and an ownership test.
By far the most worrying recommendation and one that is reportedly being seriously considered is a public interest test on media stories. This would be an horrific encroachment of the government into regulating what kinds of stories a particular news outlet would be able to report on. No government should be able to determine what is news or otherwise, whether that be by direct government oversight or by legislation with an intent to limit the content journalists can put out. Access to a wide array of information from a variety of sources is extremely important.
As for a new regulatory body, well that too is problematic. Surely any new organisation proposed to oversee the media would have much more beefed up powers to punish certain perceived wrongs. This again is not a sensible move in seeking to make it difficult for a robust and diverse media to be frank and fearless in their reporting and commentary on particularly thorny issues.
An ownership test is just ridiculous. Anyone, from any background should be free to engage in journalism or commentary and equally should be freely available to criticism from others. Everyone should be free to take the entrepreneurial risk involved in establishing a news media company across all forms of communication. No government too should have the power to ever be able to say who can or cannot involve themselves in journalism and commentary because they might not be liked by that particular government for some reason or other.
But now to that more controversial aspect of Mr Abbott’s speech today and that was his announcement that an incoming Coalition Government would seek to repeal s18C of the Racial Discrimination Act.
This section of the Racial Discrimination Act deals with behaviour which is deemed to have offended, insulted, humiliated or intimidated someone based on their race, colour or national or ethnic origin.
This is likely to be an uncomfortable move for many with the Act in one way or another, despite the suspension of it during the Northern Territory intervention, having some level of bipartisan support or at least a political unwillingness of either side to touch it. That is until now.
But Mr Abbott did not advocate for there to be no law in the area of racial discrimination. Indeed he went on to say in his speech to the IPA that “any prohibitions on inciting hatred against or intimidation of particular racial groups should be akin to the ancient common law offences of incitement and causing fear.”
In advocating this stance the Opposition Leader did not say or imply that Andrew Bolt in writing the offending column he penned was right with what he said. Indeed Tony Abbott acknowledged that it was “almost certainly not his finest” and he also admitted “there may have been some factual errors.” Well it’s not a case of there possibly being factual errors in Bolt’s writing, there was, but as Mr Abbott has pointed out on numerous occasions, that is not the point.
Indeed with the Bolt case, you’ll find a number of people born early in the 20th century, even since then that have the wrong impression on various aspects of the indigenous issue, but should they all be subject to court action for holding fallacious views? No. Should they be corrected upon making such silly uninformed claims? Certainly, yes.
Just as someone should be free to say what they truly feel, providing it doesn’t incite hatred or cause fear, people who disagree with something should feel able to absolutely slam and demolish something which they disagree with and believe may have serious factual errors. Politics is about competing ideas. This is also something that the leader of the Opposition acknowledged.
Just as there is a case for only offences relating to incitement and causing fear, there is also a case for a much higher threshold test than the completely subjective one that exists under s18C of the current Racial Discrimination Act. This would be sensible middle ground whilst still allowing people to seek remedy within reason. Indeed it would be quite similar to the Abbott proposal today.
The most important thing is that our rights are at the very least not limited to unreasonable extremes and at absolute best, our freedom of speech is fully guaranteed save for when it causes incitement and fear.
That was free speech Monday.
Yesterday, as you should be aware, Andrew Bolt of the Herald Sun was found guilty of racially vilifying a group of indigenous Australians in the newspaper. The articles argued that the complainants used their aboriginality to gain employment. The case has been controversial not just for what was said, but also the potential implications of the guilty verdict, for the media and perhaps even for the broader public.
First of all I would like to say that I do not agree with what Andrew Bolt said in the article in relation to the identified group. I think it was incredibly stupid and perhaps misinformed at best. There is a perfectly good reason for what is called ‘positive discrimination’ at times in society, particularly when such striking disadvantage exists between indigenous Australia and the rest of the population. At the same time I do believe that merit is the most important feature in employment and as long as educational opportunities exist for all, then a culture largely based on merit should prevail.
Second, I must point out that freedom of speech is not a right enshrined into our Constitution or our laws. It is however, implied through our common law, but this perhaps is not strong enough in the face of the court result yesterday.
It is quite ironic, that a Bill of Rights, which Andrew Bolt spoke against, could have possibly saved him from losing this case. A Bill of Rights would do no more than provide for the most basic and fundamental of human rights, including freedom of speech to be enshrined in law more forcefully. Yes it could be changed by an Act of Parliament and if put to Constitutional referendum would likely result in failure.
I cast no aspersions on the court for the decision that was made. It was obviously made with due regard to existing legislation and common law. What the decision, in my opinion does is to make it harder for people to voice an opinion on racial based issues, in print, on the airwaves and online. Furthermore, I am concerned as to the implications it has for private citizens, if any (I am not a lawyer).
Whether or not you agree with what Andrew Bolt said, if you believe in free speech you should accept his ability to voice an opinion that is not hateful. A Bill of Rights should now be discussed more openly and as a matter of priority, not to usurp anyone, but to guarantee the fundamental human rights of all. Allow opinions to be be aired and leave it to bodies such as ACMA and the Press Council to decide whether or not it is based on fact or not. As Voltaire said ‘I do not agree with what you say, but I will defend to the death your right to say it’. I hold this to be true insofar as the speech involved is not hateful, inflammatory or discriminatory.