Brandis Reportedly Considering “Watering Down” Controversial Racial Discrimination Act Changes
Thursday 29 May 2014 @ 12.29 p.m. | Crime | IP & Media
The Sydney Morning Herald reported yesterday that Attorney-General George Brandis “is preparing to water down” his controversial plan to amend section 18C of the Racial Discrimination Act 1975 (Cth). Public comments on the amendments closed in April, and the Government is currently working through the 5300 submissions it has received. The Sydney Morning Herald has reported that:
it is understood a broad exemption from prosecution in the draft for ''words, sounds, images or writing spoken, broadcast, published or otherwise communicated in … the public discussion of any political, social, cultural, religious, artistic, academic or scientific matter" could be watered down after a storm of community protest.
Similarly, a limitation in the draft definition of ''intimidate'' to ''cause fear of physical harm'' could also be broadened to include verbal bullying.
TimeBase has reported extensively on the events leading up to the proposed amendments and the resulting controversy – for more detail see Proposed Changes to Racial Discrimination Act Could Lead to Unrest, Coalition Members Break Party Ranks Over Proposed Racial Discrimination Changes, Racial Discrimination Law Amendments and the Reaction from the President of the Human Rights Commission, The Right to Express Bigotry: Red Light or Green, Potential Fight Over Federal Racial Discrimination Act s 18C: Unbolting "Bolt".
The willingness to consider different wording for the changes has come after strong opposition from community grounds including the Federation of Ethnic Communities’ Councils of Australia, the Chinese Australian Forum, the Arab Council of Australia and the Council of Australian Jewry. Liberal Party members have admitted publicly that they have reservations about the Bill, including NSW Premier Mike Baird.
At least three MPs who previously supported the reforms have also told the Sydney Morning Herald that they now believe changes should be made. NSW Liberal MP Alex Hawke said:
“We need to start again. I don't want see journalists prosecuted for offending [and] ethnic community leaders are making a compelling case that any reforms have to be very carefully handled.”
Simon Breheny, Director of the Legal Rights Project at the conservative Institute of Public Affairs, one of the strong supporters of the bill, issued a media release in response to the reports which strongly urged Senator Brandis to continue with the changes:
“The Abbott government was elected after promising to repeal section 18C. If changes are made to the exposure draft the Abbott government risks breaking its election commitment on free speech... The Abbott government must proceed with the exposure draft in its current form. Weakening the exemption provision, expanding the definition provisions or making any other changes which broaden the scope of the exposure draft would be a disaster for free speech”.
Attorney-General Brandis denied the Sydney Morning Herald reports during yesterday’s Senate estimates hearing, but agreed the government was considering amending the wording that had been used in the exposure draft.
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