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Concept
Hate speech laws in Australia
Summary
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.
Racial Discrimination Act 1975 and
The Racial Discrimination Act 1975 forbids hate speech on several grounds. The Act makes it "unlawful for a person to do an act, otherwise than in private, if the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and the act is done because of the race, colour or national or ethnic origin of the other person, or of some or all of the people in the group."
An aggrieved person can lodge a complaint with the Australian Human Rights Commission. If the complaint is validated, the Commission will attempt to conciliate the matter. If the Commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court or through the Federal Circuit Court.
In 2002, the Federal Court applied the Act in the case of Jones v Toben. The case involved a complaint about a website which contained material that denied the Holocaust. The Federal Court ruled that the material was a violation of the Act.
Section 474.17 of the Criminal Code makes it an offence to use a carriage service such as the Internet in a manner which reasonable persons would regard as menacing, harassing or offensive. Federal criminal law, therefore, is available to address racial vilification where the element of threat or harassment is also present, although it does not apply to material that is merely offensive.
The Discrimination Act 1991 is similar to the law in New South Wales.
Official source
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