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The Forum > Article Comments > Section 18C: the controversy that just won’t go away. > Comments

Section 18C: the controversy that just won’t go away. : Comments

By John de Meyrick, published 5/10/2015

Contrary to the Act, the common law has always regarded conduct such as 'to offend, insult, humiliate' (but not 'intimidate') to be within everyone’s right of free speech.

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1. What a pity that this article fails to mention who was behind Section 18C's introduction during the 1990s - the Executive Council of Australian Jewry. If you go back to various relevant archives you will see articles that celebrate the success of having limited our free expression - especially on the historical topic HOLOCAUST!
2. What a pity that the author of the article dared not mention the legal shoddiness accompanying Section 18C, i.e. that it is a watered down version of a defamation law with the exception that truth is no defence - only hurt feeling are needed, but they don't need to be quantified or verified in order to win the case.
3.What a pity that the author cannot see what fundmental danger is inherent in such a law whereby historical matters are legally protected from open scrutiny.
4. What a pity the author didn't raise the pertinent question: Why didn't the Murdoch empire challenge Section 18C in the High Court where it would have been shredded?
5. Can you see the pattern of thought surrounding this matter emerging from the issues raised by having Section 18C on the books?
6. Then if you globalise the emerging perspective, we see the relevance of what is happening in the Middle East directly loinked to Section 18C - the desperate attempt to establish Eretz Yisrael!
Posted by Fredrick Toben, Monday, 5 October 2015 4:17:00 PM
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The author seems to assume as proven, what he uses to vilify Andrew Bolt.
He says, "Had Andrew Bolt gone about that subject in a studious and sensitive manner he would surely have produced a notable piece of journalism ..." and "the approach Andrew Bolt chose was offensive, insulting and humiliating".
I know that's what the judge said, but is it fact?
So if Bolt had toned it down a bit, sanitised his comments, removed all the emotive content and not shown photos of real people in privileged positions, then it would all be OK? What rot! The bedwetting lefties would still have howled at the resultant anodyne but nevertheless "notable piece of journalism" and Bolt would still have been hauled before the kangaroo courts because they hate him and were always looking for something to hang him on.
This is one of those sacred subjects nobody can talk about, especially whiteys, and more especially now.
We should stop kowtowing to the UN's sermons on the mount and stick to our very own Anglosphere heritage based on our own interpretations of what should be law.
Posted by Captain Col, Monday, 5 October 2015 4:20:13 PM
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John. A very good and thought provoking article. The 'non-action' by the Abbott government on this issue tarnished his conservative credentials irreparably I am afraid and his replacement provides zero prospect of this fundamental issue being addressed.

ttbn, I think you are frightening accurate with your analysis of the 'good' and 'bad' muslim. There is no such thing as a 'moderate', only a 'lapsed' muslim.

Jay. I will explore, with interest, your recommendation/suggestion regarding CFI.

I (we) DO in fact have the "right to be bigoted", but I (we) do NOT have the right to threaten, intimidate and incite violence.

John, whilst not personally having legal or constitutional expertice, your suggested wording of an additional sub-clause to sub-clause (a) makes a lot of sense and should have little controversy in implementing (other than by the professional 'offence takers').
Posted by Prompete, Monday, 5 October 2015 4:24:06 PM
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After reading previous comments I am delighted that no one felt threatened by the sign "Behead those that insult the prophet" That was paraded up and down Hyde Park. The NSW wallopers did nothing and I do not remember any bleating from the left, in fact any politicians. Then again the media would either not publish or just denigrate anyone who said anything critical.
I think that politicians just do not get how furious ordinary members of the electorate are. It will not end well if some far right party rises up and splits the conservative vote.
Posted by JBowyer, Monday, 5 October 2015 5:14:10 PM
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Cook wrote in his journal: "I now once more hoisted English Coulers and in the Name of His Majesty King George the Third took possession of the whole Eastern Coast...by the name New South Wales, together with all the Bays, Harbours Rivers and Islands situate upon the said coast".
Henry VIII became a Defender of Faith for the pope, then a Defender of Faith for the Anglican Lords. (human, not divine that is). The Oz Head of State just this year agreed that a Catholic royal is OK but not the actual face seen on the wall in courts of Law. The High Court has the coat-of-arms of Lion and Unicorn which are pagan but not RC so all is good.
Tony Blair went confessional but Elizabeth W will be blasphemous or not amusing if she does. Calling her a Catholic is forbidden and extremely excommunicated.
Posted by nicknamenick, Monday, 5 October 2015 5:32:07 PM
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Whilst I appreciate the authors legal background and efforts in writing this article and trying to find the right legal path I feel as an average citizen thats its all just getting to complicated.
I think maybe the whole exercise is pointless, trying to find a rational path or point of view in an irrational world.
Take one of the stories I read today as an example.

Pouring Drain Cleaner in Your Eyes: The Next Trendy Social Justice Movement?
Not supporting people who want to blind themselves is bigoted and intolerant.
http://www.infowars.com/pouring-drain-cleaner-in-your-eyes-the-next-trendy-social-justice-movement/

-Through political correctness, have we not already embraced complete and utter madness?

David f and Fredrick Toben,
What I found interesting about the CFI website David was in the corporate governance tab all the people listed were Jewish. I find it somewhat ironic that one Jewish run non-profit think tank / lobby group advocates "Mohammad cartoon contests" and free speech, whilst other Jewish lobby groups oppose free speech (by supporting Section 18C's introduction for example as Fredrick Toben stated).

"Why didn't the Murdoch empire challenge Section 18C in the High Court where it would have been shredded?"
- Maybe they helped write it?

Take both above lobbying efforts together and what is it?
Whats the big picture.
An attempt to shut down any criticism of Israel on the Palestinian issue whilst promoting civil unrest (and inciting terrorism) between muslim's and the citizens of western countries?
Posted by Armchair Critic, Tuesday, 6 October 2015 3:53:45 AM
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