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. 10 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. 34

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