By Latika Bourke
Prime Minister Tony Abbott is facing a rebellion in the Senate, with up to half a dozen of his own senators indicating they could cross the floor in favour of changing race hate laws.
In a sign of Mr Abbott's diminishing authority, West Australian senator Chris Back and Queensland Liberal National Party senator Ian Macdonald have told Fairfax Media they will vote in favour of a bill designed to water down the Racial Discrimination Act.
South Australian senator Sean Edwards has given a strong indication he could join them, arguing the act in its current form suppresses free speech.
Mr Abbott pledged before the 2013 election to repeal section 18C of the act after conservative commentator Andrew Bolt was found to have breached the act for his articles about "fair-skinned" Aboriginal people. But the Prime Minister abandoned his pledge last year after a fierce backlash from religious leaders and many Liberal MPs.
Section 18C of the Racial Discrimination Act was used to prosecute conservative commentator Andrew Bolt.Credit: Justin McManus
This week, Parliament's bipartisan human rights committee found changes to the act would not contravene Australia's international obligations.
Family First senator Bob Day has now proposed removing the words "insult" and "offend" from the act, meaning it would no longer be a prosecutable offence to insult or offend someone based on their race.
Liberal senators Cory Bernardi and Dean Smith have previously pledged their support and have co-sponsored Senator Day's bill. It is also being co-sponsored by Liberal Democrat senator David Leyonhjelm.
Supporters for the change renewed their push in the wake of the Charlie Hebdo terrorist attack, in defiance of Mr Abbott's decision.
Liberal Linda Reynolds chairs the committee due to hand down a report on foreign political donations on Friday.Credit: Alex Ellinghausen
Liberal senator Linda Reynolds has called for a review of the government's approach to section 18C, saying current laws have overreached.
Senator Reynolds said the Paris attack and the Lindt cafe siege in Sydney had confirmed the threat the West faces from extremists trying to undermine democratic values, including free speech.
"I do not believe in Australia we are Charlie," Senator Reynolds said, a reference to the #JeSuisCharlie campaign that went viral in support of free speech.
"Section 18C of the Racial Discrimination Act is a key contributor to this.
"I believe the Australian community must rediscover a way to accept hearing things we do not personally believe in. I don't believe insulting or offending someone should give rise to legal liability and it is my personal view that these laws have overreached and require amendment."
But the West Australian cautioned against rushing any change and called on the government to review its position on Senator Day's bill.
Fairfax Media has contacted every government backbencher in the Senate to sound out their view. Nationals senator Bridget McKenzie will consider her position once a vote is imminent. Senators John Williams and Zed Seselja did not have a position. Senators James McGrath, Bill Heffernan, David Johnston and Matt Canavan did not return calls, while Arthur Sinodinos will vote along government lines.
There is a strong possibility more government backbenchers will cross the floor to support Senator Day's bill.
Frontbenchers are unlikely to cross the floor because they would have to give up their positions. Deputy Whip Anne Ruston said she accepted the Prime Minister's decision to abandon repealing section 18C but believed it could be revisited "when national security is not at such a heightened state".
Labor opposes any changes to the Racial Discrimination Act or section 18C, which was introduced by the Keating government in 1995. The opposition's position means Senator Day's bill will almost certainly fail and make any government senators' support purely symbolic.
Changing the act is regarded as a totemic issue for conservative Liberals. The matter is expected to be raised in upcoming Liberal preselections for Senate seats in Western Australia, South Australia and Queensland.
A spokesman for Attorney-General George Brandis said the government would not revive plans to amend the act.
"As the Prime Minister has indicated, changes to section 18C are off the table," the spokesman said.