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The Forum > Article Comments > More outrages, more revulsion, more enmity > Comments

More outrages, more revulsion, more enmity : Comments

By David Palmer, published 15/7/2005

David Palmer argues Victoria's religious vilification legislation should be repealed or, at the least, amended.

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Hi Irfan, good comment – here goes:

1. Firstly, race and religious belief are not equivalent. Religious beliefs can be changed, adopted or given up – race cannot be. Accordingly, there is a qualitative difference between criticising a person’s religious beliefs and criticising their race. The first might be fair comment – the latter will never be.

2. There is no distinction in principle between religious beliefs and other beliefs a person might have (most notably, political beliefs – which are afforded some protection).

3. Laws already exist to:

(1)make inciting or threatening violence a crime (or acting in conspiracy etc); and

(2)allow a defamed person to take civil action to seek redress for defamatory comments, subject to the available defences (eg truth).

Anti-discrimination laws don’t quite apply in the way you seem to suggest. Broadly, they prohibit discrimination on the basis of particular traits, not the criticism of people on the grounds of particular traits. In any case, most anti-discrimination legislation contains exceptions for discrimination on religious grounds in specific cases (eg religious schools, organisations etc).

4. The Racial and Religious Tolerance Act 2001 goes well beyond the pre-existing criminal laws and law of defamation in the following important respects: A person’s motive (or intent) is not taken into consideration.(s9); the onus of proof is reversed in important aspects; the Act goes beyond prohibiting inciting violence and extends to conduct which “incites hatred against, serious contempt for, or revulsion or severe ridicule of” a person or class of persons; and unlike defamation law, truth is not a defence to vilification.

5. I think it is a fair assessment that, rather than help dampen religious extremism (in whatever form), the Act provides a statutory framework to protect extreme religious beliefs from criticism (since more extreme beliefs are more likely to be subject to adverse comment and scrutiny).

6. Finally, in practice, the Act has not helped build religious tolerance, but has instead provided a very public forum for religious disputes to be fought out and tensions raised.

I hope this helps (tried to write more, but ran out of words!).
Posted by Alex Milner, Saturday, 16 July 2005 9:02:38 PM
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I agree with Kalweb's comment re Irfan's posts especially the one immediately after the London bombing. It was excellent.

However, Kalweb is talking utter nonsense when he says "Islam is about Peace". No question there are peaceable Muslims like Irfan, but where has Kalweb been this past week. Those men who killed 55+ civilians in London were not on about peace. They killed in the name of their religion, Islam.

More power to the Irfan's of this world, and no doubt he has coped a fair bit of abuse from fellow Muslims for his efforts.

Islam is at the crossroads in the West. Too many more bombings like London, whose to say how Europeans will react? Opinion has has certainly turned against Muslims in the Netherlands, that most tolerant and welcoming of nations. Will there be sufficient Irfans in the Muslim world to turn the tide within the Islamic community against the Islamiscist terrorists because if there is not, it won't be long before people in the West start to identify Islam as the problem, and not the Islamicists or fundementalists or whatever they wish to be called
Posted by David Palmer, Saturday, 16 July 2005 9:21:22 PM
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Kalweb,most terrorists are Muslim.They are generally well educated and reasonably affluent.Many of your Immans are directing such hatred towards the West as a result of their interpretation of the Koran.

Islam seems to be the religion of confusion in which many violent people take refuge in.The west has invited you into their bosom only to be hated and bombed.You received no such invitations from Japan,China,Spain,India,Brazil to name a few.

Islam needs a single credible authority that clearly enunciates your intentions,beliefs and good will or continue to suffer ridicule and condemnation.

The Brits did not buckle and cower like the Spanish,they suffered the onslaught of the Nazis with constant bombing with stoic resistance .If this continues ,it will become all out civil war.

So get your act together.Condemn the Terrorists and don't try to confuse us with double speak.It only make us more suspicious.
Posted by Arjay, Saturday, 16 July 2005 9:27:09 PM
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David and Arjay

Have you ever heard of the old Aussie catch phrase - "My name is Billy - Not Silly"!!

I am female and I am not stupid as David suggests. Using such words as "nonsense" related to my posting clearly demonstrates my assertion about posters who attack the person - rather than debate an issue.

Of course I feel sick about the events [the f*ing bombers] of the past week in London. And of course I realise that those bastard terrorists are murderers of the worst kind. I have cried myself to sleep most nights.
Posted by kalweb, Saturday, 16 July 2005 10:52:18 PM
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To Fellow Human,

Go for it. mate, you don't sound like the usual Christian, but I reckon you'd make a good umpire, because you seem to be all about fair play. You also sound like you've read quite a bit, probably also read the Sermon on the Mount which in one part says love your enemy, which in Greek really means understand your enemy in a more compassionate way. So don't change, Fellow Human, you seem to be on the right philosophical track.

Best Regards,

George C - Bushbred
Posted by bushbred, Sunday, 17 July 2005 12:18:51 AM
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This is a time for the Muslim community to look at their children and ask what they want for them. They must look within their own communities and leadership and take control.

The Australian public and the world is consistantly told that the Muslim faith is a peaceful religion. And so far proof internationally you have an identity crisis.

We have young Muslims insisting that religious information is consistantly drummed into their head and this has an effect on them. This is also the case in countries like Pakistan.

The Christian faith has been consistantly revised with the generations to keep up with todays technology. It would be very hard to operate within a religion that has not.

I also suggest that Australian Muslim soldiers are trained and sent to Afghanistan and other areas fighting for their freedoms that we have refuged Cultures because of.

These countries so desperately need their countrymen back even if for the use of skills and patriotism to their first homes. This would be their parents gift and a gift to honour their parents passion of their land and religion.
Posted by suebdoo2, Sunday, 17 July 2005 1:34:29 AM
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