Jewish leader Peter Wertheim is the man hoping to make race-hate laws stronger, even if Tony Abbott wants to water them down in the name of free speech.
The ex-Slater and Gordon lawyer and activist leader has fought many battles in his long career, particularly on the front of racial discrimination. He is yet to lose when representing the Jewish community pro bono in racial vilification cases, including the celebrated action against Holocaust denier Frederick Toben.
“Peter’s efforts to ensure those who are victims of racial vilification and discrimination are sufficiently protected is almost unparalleled,” says president of the NSW Jewish Board of Deputies Yair Miller, who rates Wertheim as one of the community’s most influential leaders.
Now, as head of the Executive Council of Australian Jewry, Wertheim has made it clear that anti-vilification laws must be kept as they are. That stance comes at odds with the Opposition Leader, who signalled in a speech this year that a Coalition government would seek to change the law.
Abbott wants to repeal or change section 18C of the Racial Discrimination Act, which states it is unlawful to publicly act in a way “reasonably likely … to offend, insult, humiliate or intimidate” people because of “race, colour or national or ethnic origin”.
“A ‘hurt feelings’ test is impossible to comply with while maintaining the fearless pursuit of truth which should be the hallmark of a society such as ours,” he told conservative think tank the Institute of Public Affairs.
Section 18C was used by nine fair-skinned Aborigines to successfully bring action against News Limited columnist Andrew Bolt, who declared it a “terrible day for free speech in this country”.
Unsurprisingly, Abbott has since been backed by media commentators such as Bolt, while lawyers, such as Greg Barnes (who labelled it an appeal to the “Hansonite fringe”), have been less supportive. “Tony Abbott’s announcement took us by surprise,” Wertheim told The Australian Jewish News earlier this year about the speech, adding that he would be seeking a meeting with Abbott to clarify his intentions.
When contacted by The Power Index, Wertheim said he had since met with shadow Attorney-General George Brandis twice to discuss the issue. He says he feels the Coalition hasn’t settled their policy yet.
But what Wertheim really wants is for discrimination laws to be pumped up, particularly when it comes to online racism. In a submission to the Australian Human Rights Commission this year, he wrote on behalf of ECAJ that the current framework is ineffective when dealing with “determined racist agitators who are not ashamed to identify themselves as racists”.
He also called for the government to compel internet service providers to take down material that breaks the law and for any proposed internet filter to include racist websites. He also wants tougher penalties for those who contravene the act.
“The review should also assess the appropriateness of the fact that the Racial Discrimination Act fails to criminalise racial vilification,” he wrote.
That recommendation has the support of Race Discrimination Commissioner Helen Szoke, who says freedom of speech should not extend to racial hatred.
So far, the federal government has said it has no plans to toughen up the law. But you can be sure the issue will be front and centre should Tony Abbott make it to the Lodge.
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