All the talk of getting rid of 18C in the Racial Discrimination Act is centred around this idea that it shouldn’t be illegal to offend or insult someone. The conversation usually tries to clear of mentioning that it has to be specifically because of their race, colour, or ethnic origin, and it definitely never goes so far as to examine, or in any way acknowledge, the myriad of exclusions for 18C presented by 18D.
All the talk of getting rid of 18C in the Racial Discrimination Act is centred around this idea that ‘it shouldn’t be a crime to offend or insult someone’. The conversation usually tries to steer clear of mentioning that it’s not actually a criminal offense to begin with, that it has to be specifically because of their race, colour, or ethnic origin, and it definitely never goes so far as to examine, or in any way acknowledge, the myriad of exemptions for 18C presented by 18D.
Section 18C does not render unlawful anything said or done reasonably and in good faith:
(a) in the performance, exhibition or distribution of an artistic work; or
(b) in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or
(c) in making or publishing:
(i) a fair and accurate report of any event or matter of public interest; or
(ii) a fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.”
So, the complaints about the law as it currently exists are that: it should be okay to offend or insult based on their race, colour or ethnicity in ways that are not done reasonably or in good faith, in ways that have no genuine purpose in the public interest, that are not fair and accurate reporting of any event or matter of public interest, and are not a fair comment that is an expression of a genuinely held belief of the person making the comment.
I can’t but wonder exactly what these peeps are holding back that they worry might not make it through such a comprehensive list of exemptions?
International Women’s Day: For ALL Women and Girls
This International Women’s Day, we are facing challenges making women and gender diverse people more vulnerable than ever. Bizzi Lavelle writes, how can this day go back to its UN roots supporting intersectional feminism, and steer away from the corporate day it’s become?
Indigenous organisations need more support to respond to climate change, and the disasters it causes
As we make our way into 2025, Australia has been battling multiple climate change driven disasters. Bhiamie Williamson writes, Indigenous people bear the brunt of damage to our lands, amidst governments and the general population turning a blind eye to climate change affecting all of us.
The role of universities in balanced national conversations about racism
We continue to see the fallout from the Carumba Institute’s National Symposium on Racism held last month, with attacks on organisers, delegates, and academic freedom.…
//ad server here
Subscribe
I would like to receive the IndigenousX monthly newsletter
