Zenaan it was difficult to read your reply. Not sure if I get your point. We have a high court that determines where the slippery slope is and seriously why should anyone be too worried that since 1975 we need to take out the ability to stop hate speech in our courts? Basically the proof is in the pudding as it were. Australia is not America, we don't feel the need to enshrine and wine about our rights. We prefer to stop people from behaving as dicks. Australia is not perfect and in some very obvious ways our social policies are behindbut we are a country that is fine with robust debate and aren't easily fooled into believing that hate speech needs to be protected. ----- Original Message ----- From: "Zenaan Harkness" To: Cc: Sent:Fri, 9 Sep 2016 09:17:56 +1000 Subject:Re: Free speech - front lines in Australia - [personal@bernardgaynor.com.au: Update: battle for free speech]
but there is a line and that is what 18c is about.
No the issue is public vs private speech. There is also a difference between publicly stating an opinion and being abusive. this is what we are talking about legislatively
RACIAL DISCRIMINATION ACT 1975 - SECT 18C
OFFENSIVE BEHAVIOUR BECAUSE OF RACE, COLOUR OR NATIONAL OR ETHNIC ORIGIN
(1) It is unlawful for a person [1] to do an act, otherwise than in private, if:
(a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person [2] or a group of people; and
(b) the act is done because of the race, colour or national or ethnic origin of the other person [3] or of some or all of the people in the group.
Note: Subsection (1) makes certain acts unlawful. Section 46P of the _Australian Human Rights Commission Act 1986 _allows people to make complaints to the Australian Human Rights Commission about unlawful acts. However, an unlawful act is not necessarily a criminal offence. Section 26 says that this Act does not make it an offence to do an act that is unlawful because of
Please, to make your post of the extract of 18c relevant, explain if you are able why and how it is not a slippery slope (even assuming any or all aspects of that act are justifiable). And first, go check out, carefully, the definition of "slippery slope" - Wikipedia is a reasonable first stop on some things like that. Next, in your response re the slippery slope, try if you can to actually consider the viewpoint of those who hold that there might be real problems with 18c which must be handled, and to give acknowledgement to that position, so that your assessment can be seen as nuanced, rather than a black and white dichotomy. Nadine there are plenty folks much smarter than I who might contribute to such a conversation, but most of us have had a gutful of "he's a dick, and you're all idiots for not seeing it" superficiality. Finally, an actual example of a public statement by Bernard Gaynor, which you say ought be held by the courts as illegal, and for the specific reasons you name and can identify. Feel free to use the quote you've already posted, but you might find it hard to ultimately defend that as "unlawful" speech, either way let's see if you have a nuanced argument. Sincerely, Zenaan On Fri, Sep 09, 2016 at 06:27:03AM +0800, Nadine Earnshaw wrote: this
Part, unless Part IV expressly says that the act is an offence.
(2) For the purposes of subsection (1), an act is taken not to be done in private if it:
(a) causes words, sounds, images or writing to be communicated to the public; or
(b) is done in a public place; or
(c) is done in the sight or hearing of people who are in a public place.
(3) In this section:
_"PUBLIC PLACE " _includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.
----- Original Message ----- From: "oshwm" To:"Nadine Earnshaw" , "CypherPunks" Cc: Sent:Thu, 08 Sep 2016 06:18:31 +0100 Subject:Re: Free speech - front lines in Australia - [personal@bernardgaynor.com.au: Update: battle for free speech]
So, free speech is ok so long as it is only used to say yhe things you find acceptable? :D
On 8 September 2016 04:09:38 GMT+01:00, Nadine Earnshaw wrote: freedom of speech does not protect hate speechand that is what 18c which Bernard supports being removed. He is free to say "I wouldn't let a gay person teach my children and I am not afraid to say it," a Twitter post from Mr Gaynor read. but there is a line and that is what 18c is about.
http://www.austlii.edu.au/au/legis/cth/consol_act/rda1975202/s18c.html
He is free to be a dick in private. Clearly with his being dismissed he has trouble with what private is.