LAWS2224 EVOLUTION OF HUMAN RIGHTS 2022

TUTORIAL NINE

FREEDOM OF EXPRESSION AND HATE SPEECH

Required Reading

Eric Barendt, 'Why Protect Free Speech?' in Freedom of Speech(Oxford University Press, 2^nd edn, 2005) 6-38 esp. 6-23, 30-34

Jeremy Waldron, 'Approaching Hate Speech' in The Harm in Hate Speech(Harvard University Press, 2012) 1-18

Section 18C of the Racial Discrimination Act 1975

Section 18D of the Racial Discrimination Act 1975

Murray Wesson, 'Proposed changes may confuse rather than clarify the meaning of section 18C' The Conversation(24 March 2017)

Questions

1. What does Barendt identify as the four key arguments for protecting freedom of speech?
2. Barendt argues that restrictions on hate speech may be necessary to protect the 'dignity' of affected groups and individuals. Why does Barendt make this argument and how does Waldron develop this idea?
3. What restrictions on hate speech are currently provided for by ss 18C and 18D of the Racial Discrimination Act 1975(Cth)? What is the procedure whereby these provisions are enforced?
4. Does s 18C of the Racial Discrimination Act 1975(Cth), by referring to acts that may 'offend' or 'insult' on grounds such as race, impose excessive restrictions on free expression?
5. In 2017, the Coalition government proposed to amend ss 18C and 18D of the Racial Discrimination Act but was met with opposition in the Senate. What amendments were proposed and what would the effect of these amendments have been?