MEAA Media and s18C
The Parliamentary Joint Committee on Human Rights is currently holding an inquiry into parts of the Racial Discrimination Act, and in particular section 18C which has been the subject of some controversy in recent years.
MEAA’s Media Section has made a submission to the inquiry.
MEAA Media’s submission says that it is concerned at the rise of hate speech in Australian noting that Part IIA was introduced long before the widespread use of digital technology:
“Now there are a multitude of platforms available for the widespread dissemination of opinions and messages of all kinds. Social media platforms enable those engaging in hate speech to spread their message, call others together who share their views and to use these platforms to target and discriminate against individuals and groups on the basis of race… Hate speech is antithetical to ethical journalism, and in particular to MEAA’s Journalist Code of Ethics.”
However, the submission argues that the use of the words “insult” and “offend” in s18C have become increasingly confusing.
The Australian Law Reform Commission has found that s18C lacked “sufficient precision and clarity in key respects” and that, as a consequence, an “incoherent body of case law has developed, where too much is left open to the decision maker in each case”.
The MEAA Media submission recommends that a review of the legislation should consider replacing “insult” and “offend” with “vilify”.
The submission recommends there be no change to s18D – the section that deals with exemptions that protect freedom of speech. The submission recommends that the Australian Human Rights Commission be properly resourced to quickly determine the status of complaints, particularly if s18D applied.
In the submission, MEAA Media notes that there are many more significant threats to press freedom that deserve urgent attention, including:
• the persecution and prosecution of whistleblowers;
• the threat of up to 10 years jail for journalists and whistleblowers contained in s35P of the Asio Act;
• the star chamber powers of anti-corruption bodies that bypass journalist shield laws (journalist privilege);
• the use of Journalist Information Warrants to secretly access journalists’ telecommunications data to discover journalists’ sources;
• the use of defamation, contempt of court and suppression orders to intimidate or muzzle legitimate reporting;
• the efforts to hobble freedom of information; and
• the refusal of government to provide access to information.
MEAA Media’s submission is also available on the Parliamentary Joint Committee on Human Rights web site.
