Sunday, February 10, 2019




The problem with 'hate speech' laws

When Facebook posts lead to Federal Court proceedings, a parliamentary inquiry, and a bankruptcy, something has gone seriously wrong with Australia’s ‘hate speech’ laws.

This is made clear by the news that Cindy Prior — the plaintiff in one of the most infamous Section 18C cases — has been declared bankrupt after failing to pay $250,000 of legal costs to the students she sued.

To recap: in 2013, three Queensland University of Technology (QUT) students were asked to leave an ‘Indigenous only’ computer lab by (then) staff member Prior.

Two of the students subsequently posted about the incident on Facebook; and three more became involved after they commented on the posts.

The comments were removed after Prior complained to QUT, but she subsequently complained to the Australian Human Rights Commission (AHRC) — then sued, alleging the five students breached 18C, and QUT and their employees violated section 9 of the Racial Discrimination Act.

Two students settled, paying Prior $5000. The other three won their case in court, and Prior ultimately dropped her action against QUT.

Those who support repealing or amending 18C might welcome the news of Prior’s financial distress as rightful comeuppance. But there is no good news out of this situation.

Prior should not be absolved of responsibility: she was ultimately the one who decided to pursue court proceedings that always carry the risk of a financial loss.

But if not for the existence and current terms of Section 18C, Facebook posts would not be able to be turned into a legal weapon that landed university students in years of legal strife and has now left a woman bankrupt. One of the students even filed an affidavit denying he was the author of the posts attributed to him.

The trivial nature of the original complaint, compared to the ultimate havoc wrought in the lives of all involved, demonstrates what a damaging law 18C is.

SOURCE 



2 comments:

Anonymous said...


Politicians often thrive on showing the world the laws they got passed. The question they never seem to ask themselves is why the world needs another law.

Anonymous said...

Former prime minister Tony Abbott promised to repeal this legislation or at the very least amend it so it would not be abused as in the case mentioned. But he went back on his word and refused to do it. Even after his supporter conservative columnist Andrew Bolt was charged under this law.
www.theoccidentalobserver.net/2016/06/06/the-jewish-war-on-white-australia-refugee-policy-and-the-african-crime-plague-part-1/