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The things we aren't allowed to say

By Brendan O'Reilly - posted Friday, 11 November 2016


In Australia, freedom of expression is most severely curtailed when it comes to race. This is because the Racial Discrimination Act 1975 (Section 18c), makes it unlawful for a person to do an act, other than in private, if this act is 'reasonably likely to offend, insult, humiliate or intimidate another person or a group of people" (a Commonwealth sanction that does not apply to expression of views on other subjects). The Andrew Bolt, Bill Leak, and QUT cases are well known examples.

In Tasmania legislative barriers to freedom of expression are even broader because Section 17 of the Tas­manian Anti-Discrimination Act 1998 bans "conduct which offends, humiliates, intimidates, insults or ridicules another person on the basis of an attribute referred to in Section 16". Not only does Section 16 refer to race. It also refers to "age, sexual orientation, lawful sexual activity, gender, gender identity, intersex, marital status, relationship status, pregnancy, breastfeeding, parental status, family responsibilities, disability, industrial activity, political belief or affiliation, political activity, religious belief or activity, irrelevant criminal record, and irrelevant medical record".

The act earlier this year attracted notoriety when a transgender activist lodged a complaint concerning a Catholic Church booklet defending traditional marriage. (The complaint was later withdrawn). In addition, under state anti-discrimination laws ithas become illegal in many jurisdictions to merely protest or pray near an abortion clinic, even if no harassment of clients is involved. Generally speaking, it is difficult to soften provisions of anti-discrimination laws because of resistance from their client groups and from politicians seeking to represent or gain votes from such groups.

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There are also a range of policies, causes, and institutions (mainly darlings of the left) that are placed on a moral pedestal due to political correctness. These include publicly provided education and healthcare, subsidised formal child care, equal employment opportunity, assistance to the "disadvantaged", "organic" gardening and food production, the environment, and industrial democracy.

When it comes to freedom of expression in Australia the most censorial area almost certainly relates to views concerning those of Indigenous descent. Essentially a combination of political correctness, Section 18(c), and Indigenous solidarity have acted to suppress discussion of politically incorrect opinions. Indigenous solidarity is the notion that Indigenous advocacy should be united behind a consensus view, with the raising of divisive issues (such as Indigenous substance abuse, black-on-black violence, sexual abuse within Indigenous communities, very high rates of inter-marriage with non-Indigenous Australians, and recognition that some people of mixed descent identify both as Indigenous and non-Indigenous) being regarded as a betrayal of the Indigenous cause.

There is a long list of other areas where political correctness is used in an attempt to limit public debate.

The left has pushed the notion that taking in refugees is noble, and that those wishing to control the entry of asylum seekers are uncompassionate and immoral.

  • PC advocates talk up the virtues of Islam to the point of denying any links with terrorism, sometimes vilifying those of contrary view.
  • The debate about the role of women in combat positions in the military has effectively been shut down by a combination of political correctness, decisions by politicians, and military discipline both here and overseas (despite dissent from many eminent current and former military personnel).
  • It is considered poor form to make anything other than positive comments about women and designated disadvantaged groups. A form of (PC) reverse sexism has led to publicly sponsored ads and campaigns commonly presenting men negatively, while simultaneously presenting women either in positive roles or as victims of male behaviour.
  • PC ideas are being pushed in the public school system and in the mandatory school curriculum. This limits educational freedom and has the effect of indoctrinating the young.
  • There is PC pressure to only discuss homosexuality in a positive light (viewed as part of normal behaviour). A form of moral blackmail (promoting the prospect of LGBTI suicides) was used to help bring about the abandonment of the same-sex marriage referendum.
  • The government schools lobby has worked to suppress the publication of league table schools data comparisons (in which selective schools and non-government schools do well), and to only facilitate "fair comparisons" of schools serving students from similar socio-educational backgrounds.
  • There is token (PC) use of sign language in public sector media events, despite most TV being subtitled, and there being only 9723 Auslan speakers recorded in the 2011 Census.There is an element of prohibition on humour concerning some PC topics (remember Alexander Downer and the "things that batter" joke).
  • It is still PC to support industrial democracy (with a commitment to industrial democracy principles still being a mandatory part of public sector job selection criteria), even though governments and employers now play only lip service to the idea.

Overall, it seems to me that in all the legislation that exists in Australia concerning human rights, a glaring omission is the lack of a legislated over-reaching right to freedom of thought and expression, with only very limited nominated exceptions. Freedom of expression should be one of the most basic human rights of all. Currently, many people are reluctant to speak out in politically correct debates, and feel that they can only hold an unfashionable view in private.

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About the Author

Brendan O’Reilly is a retired commonwealth public servant with a background in economics and accounting. He is currently pursuing private business interests.

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

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