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More outrages, more revulsion, more enmity : Comments
By David Palmer, published 15/7/2005David Palmer argues Victoria's religious vilification legislation should be repealed or, at the least, amended.
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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!).