Freedom of Speech & Racism in Australia

According to the Universal Human Rights Declaration, everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers (in Breit, 2011). However, as we are aware, this freedom is not absolute and we are indeed regulated by constraints that some would argue, help produce a civil and respectful society.

Freedom of speech sparked quite a bit of discussion in this weeks class, especially when regarding the Racial Discrimination Act 1975 (Cth) and the proposed changes the section 18C. I presented this week and focused my case study on Bill Leak's Aboriginal Father Cartoon that was published in the conservative newspaper The Australian, which ignited debates on whether or not this breached section 18C of the Racial Discrimination Act 1975 (Cth). The cartoon is pictured below.

Bill Leak's cartoon. Source: ABC News

NSW Aboriginal Land Council chairman Roy Ah-See has labelled this cartoon as ‘absolutely disgraceful and that ‘This type of cartoon helps no-one, in actual fact it stokes the fire of racism and it plays into the stereotypical views of a lot of non-Aboriginal people out there think [that] Aboriginal people don't have a place in this society.’ This prompted the NSW Aboriginal Land Council to file a complaint to the Australian Press Council because it stereotyped Indigenous Australians as ‘second class citizens’ (ABC Radio Melbourne, 2016).

WA's top cop Commissioner Karl O'Callaghan stated that Leak's cartoon was actually mirroring a serious crisis that people are afraid to admit is happening in Australia. "From my perspective, Bill Leak's cartoon is actually an accurate reflection of what our officers see on a day-to-day basis, when they're dealing particularly with kids from Aboriginal communities or Aboriginal families who are in trouble".

"It happens repeatedly, and I think what Bill Leak was doing was trying to indicate a broader problem for the community to sort out" - Commissioner O'Callaghan

According to a report on Indigenous Child Safety conducted by the Australian Government, the rate of abuse and neglect for Indigenous children was 8 times than that of of non-indigenous children (2014).

While many people within society found this cartoon to be particularly racist, Leak was not in breach and did not fall foul of any law. Although it was unpopular illustration, the exemptions in section 18D  would have provided Leak with a watertight defence and justified this publication. The video below is indicative of differing opinions on Bill Leak's cartoon.

The exemptions in section 18D would have deemed the cartoon a-okay in legal regards as it was published for an artistic purpose in the public interest to communicate an accurate account on the treatment of Aboriginal children  as it reflected reality. It was not about racial discrimination, in which those who believe this is the case are labelled as to politically correct.

Attorney General George Brandis is behind efforts to amend 18C to stop cases like these diminishing reputations and believes “it should not be the role of the government to tell people what they are allowed to think...and what opinions they are allowed to express”.

No matter which side of the debate I hear, I am a firm believer that you should not have to be made to feel like crap purely based on your race or ethnic background and I think the current legislation in place is there to ensure people who perpetrate these actions are help accountable.

References:

ABC News. (2016). Bill Leak cartoon an 'attack' on Aboriginal people. [online] Available at: http://www.abc.net.au/news/2016-08-04/cartoon-an-attack-on-aboriginal-people,-indigenous-leader-says/7689248 [Accessed 31 Aug. 2017].

Abc.net.au. (2014). Vilification, Discrimination & Defamation | Q&A | ABC TV. [online] Available at: http://www.abc.net.au/tv/qanda/txt/s3946770.htm [Accessed 31 Aug. 2017].

Australian Institute of Health and Welfare (2014). Indigenous Child Safety. [online] Canberra: Australian Goverment. Available at: http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129548256 [Accessed 31 Aug. 2017].

Breit, R. (2011). Professional communication. Chatswood, N.S.W.: LexisNexis Butterworths.

Gelber, K. (2016). Free speech is at risk in Australia – and it's not from Section 18C. [online] The Conversation. Available at: https://theconversation.com/free-speech-is-at-risk-in-australia-and-its-not-from-section-18c-64800 [Accessed 31 Aug. 2017].

Laschon, E. (2016). Bill Leak cartoon an accurate view of what police see, WA's top cop says. [online] ABC News. Available at: http://www.abc.net.au/news/2016-10-20/bill-leak-cartoon-accurate-reflection-karl-ocallaghan-says/7951320 [Accessed 31 Aug. 2017].

The Racial Discrimination.18C, 18D.