IN THE MEDIA

Letter: Free speech protected

March 9, 2015 | Colin Rubenstein

Letter in The Age

9 March 2015

 

Chris Berg (Opinion, 1/3) misrepresented an article I wrote with Michael Kapel published in The Age in 1994. In context, the line that Berg quotes does not say that newspaper articles would never be subject to the Racial Discrimination Act, as he implies. Rather, we pointed out that the legislation contained broad exemptions intended to protect free speech and genuine public policy debate in the media with “fair reports”, “fair comment”, discussion of “matter[s] of public interest”, or expressions of “genuine belief” all exempt from the act. But anywhere someone is “gratuitously being offensive, insulting and not dealing with any social, political, or policy issue”, the act applies.

Section 18C has operated constructively almost exactly as we predicted for 21 years, with the only real controversial case being the Bolt one Berg cites. Whatever one thinks of that case, to focus on it almost alone and insist the whole act must therefore be scrapped without considering the totality of its effects makes little sense.

Colin Rubenstein, Australia/Israel & Jewish Affairs Council

 

Tags:

RELATED ARTICLES

RECENT POSTS

Screenshot 2025 05 30 At 11.22.09 AM

Albanese urged to visit Israel instead of ‘throwing mud’ over Gaza war: Joel Burnie on Sky News

Hamas' October 7 attack produced scenes that Israelis can never forget (Image: Hamas bodycam)

The hypocrisy of international outrage

“Palestine” may have a flag, but it does not currently meet the criteria for statehood. Prematurely recognising it will not bring the day it does closer (Image: Shutterstock)

Nine reasons premature recognition would be bad for Palestine

The raw anti-Israel hate on Western streets is a symptom of a deeper social malaise, writes Murray (Image: Shutterstock)

Biblio File: Israel and the pathologies of the West

A wounded Palestinian arrives at Al-Najjar Hospital in the Gaza Strip (Image: Anas Mohammed/ Shutterstock)

Scribblings: Interpreting Hamas’ casualty numbers

SORT BY TOPICS