Like what you've read?

On Line Opinion is the only Australian site where you get all sides of the story. We don't
charge, but we need your support. Here�s how you can help.

  • Advertise

    We have a monthly audience of 70,000 and advertising packages from $200 a month.

  • Volunteer

    We always need commissioning editors and sub-editors.

  • Contribute

    Got something to say? Submit an essay.


 The National Forum   Donate   Your Account   On Line Opinion   Forum   Blogs   Polling   About   
On Line Opinion logo ON LINE OPINION - Australia's e-journal of social and political debate

Subscribe!
Subscribe





On Line Opinion is a not-for-profit publication and relies on the generosity of its sponsors, editors and contributors. If you would like to help, contact us.
___________

Syndicate
RSS/XML


RSS 2.0

Mr. Abbott's misreading of the evidence

By Stephen Keim and Benedict Coyne - posted Tuesday, 4 September 2012


… freedom of expression was also regarded as an important value which Parliament intended should, in the circumstances defined by s 18D, be balanced against the objective of promoting racial tolerance and proscribing inappropriate racially based behaviour. The Second Reading Speech described the provisions of Part IIA as balancing free speech against the rights of Australians to live free of fear and racial harassment…

It is not at all surprising that debate will take place, from time to time, about whether our Parliaments have got the balance right when seeking to protect competing values. Events which take place after legislation was enacted can sometimes throw useful light on legislation that was previously thought to strike the right note.

Mr. Bolt's shoddy journalism, however, is an unlikely candidate, on its merits, to give rise to a reconsideration of part IIA of the RDA.

Advertisement

We would encourage Mr. Abbott and anyone else interested in striking the balance between free speech and protecting people from baseless racial attacks in the public sphere to carefully read Justice Bromberg's lengthy reasons.

The lesson that is ripe to be drawn from the facts of this litigation is, we suggest, not that section 18C should be repealed but, rather, that Mr. Bolt should go back to journalism school.

  1. Pages:
  2. 1
  3. Page 2
  4. All


Discuss in our Forums

See what other readers are saying about this article!

Click here to read & post comments.

49 posts so far.

Share this:
reddit this reddit thisbookmark with del.icio.us Del.icio.usdigg thisseed newsvineSeed NewsvineStumbleUpon StumbleUponsubmit to propellerkwoff it

About the Authors

Stephen Keim has been a legal practitioner for 30 years, the last 23 of which have been as a barrister. He became a Senior Counsel for the State of Queensland in 2004. Stephen is book reviews editor for the Queensland Bar Association emagazine Hearsay. Stephen is President of Australian Lawyers for Human Rights and is also Chair of QPIX, a non-profit film production company that develops the skills of emerging film makers for their place in industry.

Benedict Coyne is a National Committee Member and Queensland Convenor of Australian Lawyers for Human Rights (ALHR). He completed a graduate law degree at Southern Cross University graduating with first class Honours and the University Medal amongst other awards.

He had an incredibly interesting year in 2011 as Associate to the Hon Justice Bromberg at the Federal Court of Australia in Melbourne, including hearing (and substantially researching) the Eatock v Bolt case. He was admitted to practise in Victoria in November 2011 and is currently a lawyer in the new major projects and class actions department of Maurice Blackburn Lawyers in Brisbane.

He enjoys writing and performing poetry in his spare time.

Other articles by these Authors

All articles by Stephen Keim
All articles by Benedict Coyne

Creative Commons LicenseThis work is licensed under a Creative Commons License.

Article Tools
Comment 49 comments
Print Printable version
Subscribe Subscribe
Email Email a friend
Advertisement

About Us Search Discuss Feedback Legals Privacy