Barry O'Sullivan (Queensland, National Party) Share this | Hansard source

Might I say, at the outset of my contribution, that I want to reflect just briefly on the contributions that have been made since I came into the chamber. I thought that Senator Smith's contribution was very well made—a very thoughtful contribution and presented very professionally. I also attach some of my remarks to the contribution made by Senator McAllister, which I also thought was very thoughtful and to the point on this issue. As is the case most of the time, I agree with most of the things that Senator Day has to say—except, of course, that I would reject the initial premise that the actions or omissions of the Turnbull government have contributed to a diminution of free speech in our country.

I have had the good fortune in my life to have travelled very extensively around the world, to every continent, and I have been in and out of about 900 passport controls, in every corner of the earth. I would have to say to this chamber that there is no other place on this planet where I would prefer to live and that has the freedoms, liberties and cultures of this great country of ours here in Australia. Having said that, I note that there is always room for improvement. Senator Day, you have, I think, provided a road map today for some sensible consideration of some issues that will, I think, enhance the issues relating to freedom of speech.

Freedom of speech is the concept of inherent right to voice one's opinion publicly without fear of censorship or punishment. Speech is not limited to public speaking, and it is generally taken to include other forms of expression. In effect, it is about communication of one's opinion without retaliation from a government of any type, be it federal, state or any other form of grouping that governs our country.

Of course, freedom of speech also comes with enormous responsibilities. My first encounter with having given thought to freedom of speech occurred when I spent a long period of time in the United States in the mid-1980s, when I was attached to the Behavioral Science Unit of the FBI. I can remember being involved in critiquing an organisation there called NAMBLA, the North American Man/Boy Love Association. This was a public body. It was a listed company. It had offices in Washington, New York and other places in the United States. It had about 120 staff, and one of its most fundamental objectives in life was to lobby the congress of the United States and various state legislatures to reduce the age of consent from what was then 21, as it was in our country; it is now 16 both here in Australia and overseas. Its argument was that children—and I still regard a 12- or 13-year-old as a child—who were, in effect, in a post-puberty state ought to exercise the right to engage in any sexual activity that they consented to.

This body could not exist, and could not have existed, without the protection of the United States Constitution and Bill of Rights for freedom of speech. With freedom of speech come particular responsibilities. I reject, and I will do so a number of times throughout my contribution, any proposition that the Turnbull government or, indeed, this coalition since it has come to power, has failed to take those measures necessary to support the concept of freedom of speech. In fact, during my contribution I will refer to some measures that I believe have made a great contribution to the issue of freedom of speech as we find ourselves in uncertain times, particularly with respect to matters of national security.

But I will focus for a short period of time on Senator McAllister's reference to the fact that there are attacks on freedom of speech even here in this chamber, in this place, during the business conducted by the Senate, and in committee hearings. I have myself been the subject of quite vitriolic intervention as I have pursued issues—for example, before the Human Rights Commission. I find that when I express, in that case, in a Senate hearing—