Free speech v finger wagging
- The Australian
- January 10, 2013
Delicate though her sensibilities might be, we must respectfully take exception to a legislative proposal currently being advanced by the Attorney-General, Nicola Roxon
We would not wish to offend or insult her, although we feel compelled to note that Ms Roxon has herself, at times, indulged in rather robust language when attempting to conduct what might objectively be described as a character assassination of Tony Abbott. When she has suggested -- with just a hint of political venom -- that the Opposition Leader has an "issue with capable women", we assume Ms Roxon has not intended to offend Mr Abbott's wife, daughters, staff or colleagues. Rather, we expect the Attorney-General's intention was to insult Mr Abbott and expose him to ridicule and humiliation in the political arena. In our vibrant democracy, even from the fragile disposition of this national broadsheet, we must accept that the contest of ideas and the struggle for power will lead to occasional bouts of such intemperate verbal jousting. We beg forgiveness for having the temerity to point this out but the Attorney-General perhaps needs to be careful that her own legislative activism doesn't jeopardise these exchanges, or at the very least expose future participants in such debates to endless return exchanges in the courts. If it pleases the Attorney-General, we would explain that, along with other media organisations, we believe the extension of the "conduct which offends or insults" test across the full range of potential discrimination offences, no matter how well-intentioned, takes the consolidation of anti-discrimination laws a step too far. We believe it will provide an unacceptable additional suppressant on freedom of speech, create problems for workplaces and employers, and unnecessary extra work for our courts. Together with subjective standards in the proposed legislation and the reversal of the onus of proof once a prima facie case is established, the changes can only stifle debate and leave this country with some of the most draconian laws over public expression in the free world. At the risk of causing offence, we would contend that on this occasion Ms Roxon is wrong. She might aim for a lighter legislative touch and engender among the populace, dare we say it, the development of thicker hides.
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