With less than 24 hours left for the public to have their say on the proposed changes by the Federal Government to the Racial Discrimination Act 1975 — specifically in regards sections 18C, 18D and 18D-4 — which members of ethnic communities in Australia believe will dilute the social cohesion of the country, Vish Vishwanathan, a member of the Australian Indian community, has written to the Attorney General, Australian Government, requesting that the changes to the Act be scrapped.
“There is a clear danger that such changes, if endorsed by the Australian Parliament, will encourage some elements of the wider community to possibly misuse it in the name of freedom of speech and get away easily unless legally challenged,” says Vishwanathan. “A number of Indian community members may have already voiced their concerns stating their objections to the proposed changes before the government’s deadline of 30 April,” says Vishwanathan, but urges members to continue emailing their objections to the government id s18cconsultation@ag.gov.au.
“We, the Australian Indian community members responsible for the welfare of our younger generation, should escalate our community’s concerns on changes to 18C to the Federal Government by meeting individually or collectively the respective Federal Members of Parliament in their constituencies and Federal Ministers, as well as the Attorney General,” he adds, and suggests that community organisations consider forming forums on this issue and creating signature campaigns against changes to 18C.
In his letter to the Attorney General, Vishwanathan argues that the changes must not be made as the current or existing provisions work and there is no pressing need for implementing changes in the name of freedom of speech. “There is no proper education for community groups on the proposed changes,” says Vishwanathan, and adds that the “common man will be exposed to a legal minefield unnecessarily”. He believes that there is “every chance that some people will misuse the changed provisions to their advantage”.
According to the Act, Section 18C makes it unlawful for someone to do an act that is reasonably likely to “offend, insult, humiliate or intimidate” someone because of their race or ethnicity; and Section 18D contains exemptions which protect freedom of speech, which ensure that artistic works, scientific debate and fair comment on matters of public interest are exempt from section 18C, providing they are said or done in good faith.
During the 2012-2013 financial year, the Australian Human Rights Commission reportedly received a 59 per cent increase in racial vilification complaints under section 18C; 53 per cent of them were resolved at conciliation; 4 per cent were terminated or declined for lacking in substance; and less than 3 per cent proceeded to court.
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