Government fights back against convicted racist Blair Cottrell

Far-right activist Blair Cottrell is trying to change the state’s racial vilification laws, claiming they impinge his right to freedom of speech. But the Government is fighting back.

The Victorian government has moved to dramatically intervene in a court challenge by far-Right activist Blair Cottrell to the state’s racial vilification laws.

The United Patriots Front leader is appealing against a conviction for inciting hatred, contempt and ridicule of Muslims, after making a video beheading a dummy in a protest against a Bendigo mosque.

The Herald Sun understands Mr Cottrell will challenge the constitutional validity of parts of the Racial and Religious Tolerance Act on the basis that they impermissibly burden the implied freedom of political communication mandated by the Commonwealth Constitution.

United Patriots Front leader Blair Cottrell.

Government solicitors yesterday wrote to the County Court to advise that Attorney-General Jill Hennessy will take the rare step of intervening in the case to argue the legislation is not unconstitutional.

It will be argued that the restrictions on freedom of expression contained in the laws are necessary to counter hate speech in Victoria.

“In the age of social media, our laws to protect racial and religious groups are more important than ever,” a government spokesman said. “Our racial and religious tolerance laws are necessary to counter hate speech in Victoria.”

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Commonwealth legislation permits an Attorney-General, on behalf of the state, to intervene in proceedings before a court that relate to a matter arising under the Constitution or involving its interpretation.

Mr Cottrell was convicted and fined $2000 in 2017 of knowingly engaging in conduct with the intention of inciting serious contempt or engendering severe ridicule of persons of the Muslim faith, contrary to the Racial and Religious Tolerance Act 2001.

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