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You’ll hear the phrase “free speech” a lot in the context of the government’s acrimonious internal debate about changing the Racial Discrimination Act. In fact, it has virtually nothing to do with free speech, and everything to do with the peculiar sense of victimhood that lurks on the right in Australia.
What’s forgotten now is that, when the Abbott government moved to amend the Act, Attorney-General George Brandis actually produced a fairly useful form of words to replace the terms “offend, insult, humiliate”, after consultations. Brandis proposed to add the concept of “vilification” to the Act, and at the lower threshold that currently exists in law, while retaining “intimidate” from the existing act. Exhausted by this momentary display of competence, Brandis then completely wrecked the chances of successful change by declaring “people have the right to be bigots”, neatly encapsulating all the possible objections to the change. But his amendments were worth more consideration than they received.
The version now being pushed by Malcolm Turnbull at the behest of the right is a poorly balanced substitute for Brandis’, leaving “humiliate” in and adding harassment but omitting Brandis’ idea of vilification. A smart government would add vilification while removing dumb terms like “offend” and “insult”. But it’s been a while since this government was accused of being smart.
As for what exactly the change would do — in the unlikely event it ever makes it into law, given the opposition of NXT in the Senate — we had a taste from that vile Q Society dinner earlier this year where the murder of LGBTI people was seen as fit material for “jokes” and failed politician and failed broadcaster Ross Cameron made a goose of himself (again). Changing 18C is unrelated to the practical world of free speech in Australia. The big threats to free speech in this country are defamation laws, the enthusiasm of the legal industry for suppression orders and other forms of censorship that infantilise the community, the lack of media diversity, the dearth of independent, well-resourced civil society bodies that act to protect freedoms, and the lack of a rights-based legal framework that would enable them to do so.
Advocates of the repeal of 18C — Derryn Hinch excepted — have never shown any interest in addressing these real threats to free speech. Indeed, advocates like News Corp and the Institute of Public Affairs actually want to make them worse through media ownership deregulation, opposition to any form of a bill of rights and even expanding the powers of corporations to litigate against critics.
That’s because, as powerful participants in public debate — media companies, politicians (especially senators, who don’t have the odious task of dealing with actual constituents like their House of Reps colleagues), corporate-funded thinktanks — they already have all the free speech they need. What motivates them, instead, is the idea that there is any impediment to using their power against those they wish to attack: people who criticise them, and particularly people who are different to them and who have the gall to challenge them. There’s a reason why nearly all the advocates of changes to 18C are powerful white conservatives, and why their preferred targets are Indigenous Australians, and LGBTI Australians, and Muslims.
Except, they don’t see this as the powerful attacking those with less power — they see themselves as actual victims, unfairly constrained in what should be a natural right to wield the power gifted them by wealth, politics and our lingering socio-economic favouritism to old white people as they see fit.
But that’s why 18C is barely even a tenth-order issue for the electorate at large. Most Australians are too busy paying the mortgage (or trying to save for one) or raising their kids, to nurse a grievance about restraints on their power. Few of them have much power – instead they’re tossed about by economic forces far beyond their control on employment and housing affordability and childcare. Worrying about 18C is a privilege for elderly, wealthy white people like those who form the Liberal Party’s ageing base, with enough time on their hands to obsess about Indigenous and LGBTI and Muslim Australians and the imagined slight of not being able to demonise them like you could in the good old days.
As for free speech, the real impediments will persist. Indeed, many of those lobbying for the repeal of 18C prefer those impediments just where they are.
“failed politician and failed broadcaster Ross Cameron” – don’t forget failed faithful husband
Correct me if I’m wrong, but I believe only 5% of complaints made under the RDA 18C ever make it to court. Of that handful, literally 5 have been successfully prosecuted in the 20 or so years 18C has existed, yet everyone has an opinion on why RDA 18C must be changed or preferably abolished. You can’t get away from it; it’s on the TV news, it’s on talkback radio, it’s in the papers- digital and actual. It serves parliamentarians beautifully; they can rave on and on about it for months on end. It gives them the appearance of doing something dreadfully important while in reality doing sweet FA. What would happen if the media starved it of oxygen instead of enabling politicians to present it as the number one issue of the day?
I don’t include Crikey in my condemnation of the media on this issue as Crikey has produced contextual articles on the RDA and 18C and D to inform the public how small an issue it actually is.
I despair of the Australian public sometimes. We are such a stupid people. Terrible things are happening right under our noses, nobody notices, but everyone can tell you what’s wrong with the subclause of a piece of legislation that has successfully prosecuted a whopping 5 people in more than 20 years.
Thank god the native born aren’t compelled to swear an oath of allegiance to Australia. I couldn’t. I’m ashamed of us most of the time.
Announcing a proposed change to 18C: seems an odd way to spend Harmony Day?
Well said, Bernard. That Turnbull has surrendered to the hard right on this when Abbott (for all his own personal loathing of 18C) stepped back from amending it, says everything about Turnbull’s impotence.
Changing 18c of the Racial Discrimination Act (RDA) has absolutely nothing to do with ‘white privilege’. This is all about the zionist Rupert Murdoch’s attempt to twist his papers into something approaching the French, so-called ‘satirical’ magazine, ‘Charlie Hebdo’. Don’t underestimate what is going on in Australia. Its nothing less than State Capture – which requires:
1. money
2. public influence, and
3. political power (ie parliamentary representation)
With Murdoch’s newspaper coverage of 70% of the market (incl. his free weekly suburbans), SKY Australia, 10% of Channel 10, his minion Michelle Guthrie gutting the ABC from the inside out (as we speak), Foxtel and with 6 Institute of Public Affairs (IPA) representatives in Federal Parliament & a sprinkling of others in state parliaments, and with control of Channel 9 by CVC Group (a spin off of Citigroup) with former treasurer Peter Costello as Chairman and the Big 4 Aussie banks majority-owned by the Wall St banks – from the perspective of national sovereignty, Australia is in a perilous situation.
So why is State Capture so dangerous, I hear you ask. Well its much more effective than just good ol’ fashioned corruption – as it can *guarantee outcomes!
Bernard, your second last para says it all.
Agreed, especially the last sentence in that aforementioned paragraph.