Australian Human Rights Commission
Submission to the UN Committee On The Elimination Of Racial Discrimination, 30 October 2017
prevalence of, exposure to, and strategies for responding to and limiting the
negative impact of cyber-racism.213
Recommendation 39: That the Australian Government continue to
support evidence-based strategies to address cyber-racism as part of a
coordinated approach to address racism.
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Freedom of expression
Racial vilification and discrimination in public discourse
(CERD article 2, 4 & 7)
176.
Racial vilification is consistently raised as a concern by communities that
experience racism. It is encountered not only in public places, such as on
streets or in public transport, but also in public debates.214
177.
The Commission considers that those who participate in public discussion
have a responsibility to do so in a civil manner without resorting to prejudice or
hatred. Parliamentarians and the news media, in particular, set a standard for
public discussion of race and cultural diversity.
178.
The Select Committee on Strengthening Multiculturalism has called for a
Parliamentary Code of Multicultural Ethics to set an appropriate standard for
public discourse, particularly when discussing issues relating to multicultural
affairs, migration and citizenship, to guide respectful public debate. 215
179.
The Australian Press Council’s Statement of General Principles instructs
publishers to ‘avoid causing or contributing materially to substantial offence,
distress or prejudice, or a substantial risk to health or safety, unless doing so
is sufficiently in the public interest’.216 The Select Committee on Strengthening
Multiculturalism recommended that the Australian Press Council develop a
broadcast media Code of Conduct, requiring commercial broadcasters to
report in such a way that raises awareness of Australia’s diversity and
prohibits misrepresentation of culturally and linguistically diverse
communities.217
180.
The Commission’s considers that recognising a responsibility for civil
discourse does not risk shutting down debate or rendering certain topics
relating to race and ethnicity ‘off limits’. One large-scale study on the impact of
hate speech laws analysed ‘letters to the editor’ published in Australian
newspapers over many years. It found that the public debate on matters of
race and ethnicity had not abated over the 1990s and 2000s, though the
manner in which issues were articulated became less prejudicial or
discriminatory as time went on. 218
Recommendation 40: That the Australian Government recognise that
Australian race relations and community harmony can be profoundly
influenced by the tone of public debate about immigration,
multiculturalism and national security.
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