Tony Zappia (Makin, Australian Labor Party, Shadow Parliamentary Secretary for Manufacturing) Share this | Link to this | Hansard source

In 1994, when introducing section 18C of the Racial Discrimination Act, the then Attorney-General Michael Lavarch said:

The Racial Discrimination Act does not eliminate racist attitudes. It does not try to, for a law cannot change what people think. But it does target behaviour—behaviour that causes an individual to suffer discrimination.

We live in a society which imposes restrictions on community behaviour, which reflect our values and maintain stability. The language people choose to use is part of their behaviour and it is not uncommon to place limitations on speech, nor are restrictions on speech confined to the Racial Discrimination Act. They are found in censorship, consumer protection, defamation, copyright, national security and other laws. Even in this parliament where privilege applies, there are restrictions on language used.

The coalition opposed the original legislation, so it should come as no surprise that the Abbott government now wants to amend section 18C. Given the wide range of exemptions available under section 18D, it is noteworthy that the Bolt case, which the government solely relies on, was not appealed. As with many matters, the Abbott government is being influenced by the extreme Right. There is no evidence that section 18C is not having its intended effect and there is no compelling reason for change. Nor is it the time for the federal Attorney-General to promote undesirable and unhelpful language, by saying, 'People do have the right to be bigots.' Rather, he should be listening to the chorus of community opposition to his proposed changes.