from Zita Antonios, Race Discrimination Commissioner
Although many of us would like it to be otherwise, we cannot ignore the fact that in Australia there are members of our community who hold racist views and who abuse and offend people publicly, sometimes inciting others to do likewise. The Racial Hatred Act was passed in recognition of the impact of this behaviour on our society.
We have produced this guide to take you through the Racial Hatred Act. The guide explains the implication of the law for journalists and other media workers and it also provides case studies to illustrate some of the issues and questions which are important to consider when reporting on race matters.
The passage of the new law saw considerable debate, much of it in the media, which reported widespread misinformation and alarmist predictions concerning the perceived threat to freedom of speech. The Human Rights and Equal Opportunity Commission is a strong supporter of free speech. Along with most Australians, the Commission recognises that freedom of speech is fundamental to an open and democratic society. Yet the right to free speech is qualified in its application throughout the world. While it is valued, it must always be balanced against other rights and interests.
In Australia, we have long had laws which act as constraints on absolute freedom of speech on matters in the public interest. Such laws recognise that in any reasonable society, people have a right to be protected from material they find offensive, or from language that is detrimental to the individual or community. This new law attempts to strike a balance between the right to free speech and the right of protection for those who bear the burden of racial vilification. One year after the Act's passage, as you will see from this guide, free speech is alive and well in Australia.
Of course, a national law against racial hatred will not eliminate racism from Australia overnight. It takes a combination of legislative reform and a long term commitment to public education to bring about attitudinal change. The new law does, however, send a reassuring message to targets of vilification that they have the support of the wider Australian community and they have a legal recourse in the event of racially motivated acts of hate.
I hope you will find the guide informative and helpful, and that it will promote further discussion about the role of the media in shaping an Australia free of racism in these challenging and changing times.
November 1996
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