Thursday, July 23, 2009



Race and religion to be in Australian law review

These are basically anti-Jihadi laws but the focus on "inciting violence against an individual" is narrow enough not to offend against most concepts of free speech. Although I am not myself entirely convinced, it is widely accepted that incitement to violence is not entitled to free speech protection. What constitutes "incitement to violence" is the grey area
"The Rudd government will consider creating a new law making it an offence to incite violence against an individual on the basis of race, religion or nationality, as part of its broad review of Australia's existing counter-terrorism legislation.

In the next few weeks, Attorney-General Robert McClelland will release a wide-ranging discussion paper canvassing options for an overhaul of Australia's counter-terrorism laws introduced in the wake of September 11. Mr McClelland said last night the new offence would expand the opportunity for prosecuting those who attempted to induce others, including vulnerable youths, to commit acts of politically motivated violence. It would supplement the existing commonwealth offence of inciting violence against a group. "We also need to focus on targeted initiatives to identify those exposed to, or at risk of being influenced by, violent extremists," Mr McClelland told the Australian Strategic Policy Institute.

The Rudd government had identified four key areas to focus on as part of a national effort to counter extremism, while recognising that any solutions had to be implemented with the support of local communities. These included the identification and disruption of violent extremists as well as supporting at-risk groups and individuals in their communities.

In many instances community members were often more readily able to recognise extremist behaviour and could be more effective in combating those views before they took hold. "I see centres for Islamic studies at tertiary institutions as having a particular responsibility in this area," he said. He said effective communications were also critical with experience having shown that the language used to describe terrorism could cause anxieties among among Australians and create divisions within communities. "It is vital that the messages we send do not in any way glorify terrorism or suggest a war or clash between cultures or religions."

SOURCE

2 comments:

Anonymous said...

This new law will turn out to be just another way of introducing to Australia (as was done in the US) so-called "hate crime" laws which are intended to protect members of "special" groups. (ie: gays, blacks, muslims, etc.) The people will soon find out that laws of this type can be made to cover "many, many" areas not originally mentioned. BEWARE!

Malcolm said...

There are already laws against inciting violence. It is not obvious what advantage this new law would be, unless it clarifies ambiguities. In any case, it is important that the legislation stipulate that it is an "indictable" offense ie subject to trial by jury, because that is the one way to ensure it cannot be extended to opposition to the latest PC orthodoxy. Whenever the government wants to force social change against the popular will, they always keep it away from juries. (Think "human rights" tribunals.)