Proposed law a further attack on free speech

By on November 23, 2012 in Freedom of speech, Rule of law

I had an op ed published in The Australian today on the government’s proposed changes to anti-discrimination law. The draft legislation is an example of the Gillard government’s complete lack of respect for our fundamental freedoms:

The law that was used to silence Andrew Bolt has been supercharged by the Gillard government’s proposed changes to anti-discrimination laws.

Bolt was found to have breached section 18C of the Racial Discrimination Act, which says it is unlawful to offend or insult someone on the basis of racial or ethnic characteristics in a public space.

But Attorney-General Nicola Roxon’s proposed changes massively expand the list of characteristics people can be offended by, expanding the jurisdiction into shops, workplaces and sporting clubs…

Not only do the changes represent an extraordinary attack on freedom of speech, they also undermine fundamental legal principles derived from 800 years of common law. They would reverse the onus of proof, forcing employers to prove that they are innocent of discrimination.

About Simon Breheny

Simon Breheny is Director of the Legal Rights Project at the Institute of Public Affairs. Simon has been published in the Australian, the Sydney Morning Herald, the Herald Sun, the Punch and the Canberra Times and is regularly interviewed on radio in relation to legal rights and rule of law issues. He also recently appeared before the Parliamentary Joint Committee on Intelligence and Security to give evidence on the government’s contentious data retention proposal. Simon is currently completing a Bachelor of Arts/Bachelor of Laws at the University of Melbourne. While completing his studies, Simon was elected President of the Melbourne University Law Students’ Society and appointed Vice-President of the Victorian Council of Law Students’ Societies.
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