Racial Discrimination Act: Malcolm Turnbull moves to make race-hate speech laws “fairer”

PRIME Minister Malcolm Turnbull has announced the government will move to make race-hate speech laws “fairer”, as parliament marks Harmony Day.

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PRIME Minister Malcolm Turnbull has announced the government will move to make race-hate speech laws “fairer”, as parliament marks Harmony Day.

The Prime Minister has also moved to protect free speech by saving journalists, cartoonists and everyday Australians from the threat of prosecution for insulting, offending or humiliating people based on their race or ethnicity.

It will be against the law to intimidate or harass someone based on their race.

Prime Minister Malcolm Turnbull plans to remove the words “offend” and ­“insult” from Section 18C of the Racial Discrimination Act. Picture: Lukas Coch

As revealed exclusively in The Daily Telegraph this morning, Mr Turnbull has moved to overhaul the Human Rights Commission and overturn key elements of the Racial Discrimination Act.

Under the changes, any complaints that are vexatious will be blocked from progressing, with the complainant to wear the burden of the cost.

In the partyroom, MPs David Coleman, Ann Sudmalis, John Alexander, Craig Laundy, Julian Leeser, Julia Banks and Concetta Fierravanti-Wells spoke against the reforms to 18C.

According to MPs present, Ms Sudmalis’ speech was the most passionate. She argued that, in particular, it should be an offence to humiliate someone based on their race.

Ann Sudmalis says it should be an offence to humiliate someone based on their race. Picture: Kym Smith

Many politicians rose to congratulate Mr Turnbull on having the courage to repeal parts of the Racial Discrimination Act.

Speaking in favour of the changes were former Prime Minister Tony Abbott, former Workplace Relations Minister Eric Abetz, Liberal MPs Andrew Hastie, Tony Pasin, Tim Wilson, James Patterson, Russell Broadbent and National MPs George Christensen.

Announcing the changes to the law, Mr Turnbull spoke of high-profile cartoonist Bill Leak who passed away this month while fighting for freedom of speech.

“We are defending Australians with a stronger, fairer law,” he said.

“So that cartoonists will not be called up and accused of racism.

“The time has come to get the balance right, to get the language right.”

Mr Turnbull speaks at the memorial for The Australian’s cartoonist Bill Leak. Picture: Hollie Adams / The Australian

“We are defending Australians from racial vilification by replacing language which has been discredited and ... has lost the credibility that a good law needs,” Mr Turnbull said.

“We need to restore confidence to the Racial Discrimination Act and to the Human Rights Commission’s administration of it.”

The changes struck a balance between protecting people from racial vilification while defending and enabling free speech, and had support across the political spectrum, he said.

“There will be many critics and opponents but this is an issue of values,” Mr Turnbull said.

“Free speech is a value at the very core of our party, it should be at the core of every party,” he said.

Cartoonist Bill Leak, who passed away this month, led the camapaign to overhaul fresdom of speech protections.

“What we presented today strikes the right balance, defending freedom of speech so that cartoonists will not be hauled up and accused of racism, so that university students won’t be dragged through the courts and have hundreds of thousands of dollars of legal costs imposed on them over spurious claims of racism.”

Cartoonist Leak, who passed away this month, led the campaign to overhaul freedom of speech protections after the HRC launched an investigation into a ­cartoon on indigenous neglect.

Mr Turnbull, a friend of Leak’s, has been wrestling with how calls for greater freedom of speech sit with religious group fears that changes will spark an outpouring of bigotry.

Mr Turnbull says the joint standing committee on human rights had written a “very good report” and he was considering its findings.

The committee failed to reach a conclusion on 18C but called for sweeping changes to the operation of the Human Rights Commission, including that it offer reasonable assistance to respondents of complaints.

It also recommended time limits for the handling of complaints, refundable complaint lodgement fees, and an ability for respondents to complaints to apply to terminate the case.

The prime minister yesterday released a new multicultural statement which he said would “renew and reaffirm” Australia’s commitment to being a multicultural nation in which racism and discrimination have no place and integration and contribution are core elements.