Does the new legislation affect freedom of speech and expression?
The racial hatred legislation does not constrain free speech in Australia any more than existing laws which recognise that countervailing interests take precedence over freedom of speech in some circumstances. The Act was brought in to provide legal recourse to people in the community who might be offended by serious expressions of racism. The following example aired by a West Australian radio station prior to the introduction of the legislation caused distress to members of the Aboriginal community: ” When white babies die, they turn into angels and go to heaven. When Aboriginal babies die, they turn into blowflies.” The racial hatred legislation was heatedly debated among politicians, the media and civil liberties groups before it eventually came into operation in October 1995. Much of that debate revolved around the concern that the new law might restrict freedom of expression. These concerns were based largely on alarmist predictions which ignored the fact that, in many ways, freed
