The Human Rights and Anti-Discrimination Bill 2012, which will be subject to Senate committee hearings this week in the Federal Parliament, could seriously limit freedom of expression says a constitutional law expert at Charles Sturt University (CSU).

 

Dr Bede Harris, a senior lecturer in law and head of the law discipline at CSU, said the proposed legislation could have significant implications for fundamental freedoms. 

 

“Although no right is absolute and the law needs to balance competing rights, provisions of the Bill could seriously limit freedom of expression,” Dr Harris said.

 

“The Bill contains a very broad definition of discrimination which includes conduct that amounts to ‘insult’.  Insult is a subjective concept, and as the Bill is framed, expression which a person finds insulting but which might also be a normal part of political discussion could be proscribed.

 

“Perhaps it would be better that the Bill prohibited only expression which incited unlawful acts or contained racist or sexist epithets which do not contribute to communicating ideas?” he asked.

 

Dr Harris stated the Bill aims to combine Commonwealth legislation that addresses discrimination by race, gender and disability into a single Act.

 

“I am also concerned that the Federal Government has failed to strengthen the weak public debate and comment defences that are used in claims of racial vilification, which are covered in the current Race Discrimination Act,” he said. 

 

“These defences have been interpreted very narrowly by the courts and have led to action being taken against expression which, while offensive to some people, can also be viewed as discussion of political matters.