Multicultural advocate reveals imbalance in Queensland vilification law

A multicultural advocate claims it is easier to commit a hate crime than it is to defame someone, amid calls for tougher laws.

Queensland law offers better protection and justice for defamation than those who have suffered horrific racial abuse, according to a multicultural legal advocate.

Giri Sivaraman revealed harrowing and disturbing experiences of vilification at a state parliamentary inquiry on Friday, demanding laws be reformed to protect those who are victimised.

He said protection against racial vilification is “much weaker” in Australia and Queensland than what is offered to those who seek justice for defamation.

“We want our diversity to not just be tolerated but to be celebrated, and what vilification does is it forces people into retreat, into their shells, into feeling separate from the community at large,” Mr Sivaraman, a principal at Maurice Blackburn Lawyers, told the inquiry.

“And to those who say they are entitled to freedom of speech, we say freedom of speech should not trump freedom from humiliation.

“If any of you were to call me a curry muncher, burnt toast, tell me to go back to where I came from — all things that I have heard in my life — I would have less recourse against you than you would against me if I called you a thief.”

Giri Sivaraman called for racial vilification laws to be reformed. Picture: David Kelly

The Multicultural Queensland Advisory Council member was one of many expert witnesses to provide disturbing accounts of racism to the serious vilification and hate crimes committee.

The parliamentary inquiry is investigating the need for legislation reform to respond to racial abuse, particularly hate crimes perpetrated online that Mr Sivaraman said “magnified the ability to vilify”.

“People can hide behind their screens and write things that they’d never say to me or to others or anyone else in public and incite others to do the same,” he said.

“One racist seeing another make a comment online gives them the perverse courage to make similar comments, and before you know it there is a mob feeding on each others’ hate spewing forth racism.

“But the law, as it stands, does nothing to penalise the platforms that publish this material. The law, as it stands, does nothing against a person who uses a private messaging service to cause distress or hurt through racism to another.

“The current law requires the Attorney-General’s approval for a prosecution to be commenced against a person who engaged in serious vilification.”

Mr Sivaraman gave a harrowing account of how racial abuse “cuts because no matter what you are and what you have achieved, you are made to feel so small” and asked the legal committee to “better protect those who are victimised”.

“This is an opportunity to make people feel safe,” he said.

“We know this is not the only way that habits, beliefs and practices are changed — we understand that it obviously has to be accompanied with education, raising cultural awareness, support of organisations like the ones who have appeared before you today.

“But what this kind of change of law does is send a strong message about what we value as a society.”

The committee is due to hand a report to the Legislative Committee on January 31.