David Leyonhjelm (NSW, Liberal Democratic Party) Share this | Hansard source

I move:

That this bill be now read a second time.

I seek leave to table an explanatory memorandum relating to the bill.

Leave granted.

I table an explanatory memorandum and seek leave to have the second reading speech incorporated in Hansard.

Leave granted.

The speech read as follows—

I introduce the Racial Discrimination Law Amendment (Free Speech) Bill 2016 to repeal section 18C and associated sections.

This will remove the prohibition on insulting, offending, humiliating or intimidating speech based, at least in part, on race, colour, nationality or ethnicity.

This prohibition extends well beyond racial vilification law at the State level, which is confined to outlawing speech that incites hatred towards, serious contempt for, or severe ridicule of, a racial group. And it goes beyond State law that prohibits intimidation.

In going beyond State law, 18C discourages public discussion of important issues such as affirmative action policies. It discourages contributions in line with the outlawed articles of Andrew Bolt, as well as more sensitive and less erroneous contributions. All such contributions are necessary to arrive at the truth.

Supporters of 18C believe it reduces racist abuse, at least of the kind not already outlawed by State law.

However, suppressing racist abuse does not make racist opinions disappear. Rather, it hinders efforts to reform those opinions through robust exchange, making it more likely that they will continue, potentially to manifest in more sinister forms.

Further, assigning authority to imperfect legislators, bureaucrats and judges to distinguish acceptable from unacceptable speech involves the danger that important contributions to public discussion will be lost.

It is far more preferable to limit the role of the State with respect to constraints on speech, to rely on the norms of civil society to discourage racist abuse, and to challenge racist opinions when they are aired.

I commend the Bill to the Senate.

I seek leave to continue my remarks later.

Leave granted; debate adjourned.