Legal Affairs: What’s wrong with section 18C?

Legal Affairs Editor Chris Merritt has held an online discussion on Australia’s Racial Discrimination Act.

Attorney-General George Brandis, Race Discrimination Commissioner Tim Soutphommasane and Gillian Triggs, President of the Australian Human Rights Commission, appear at a Senate committee. Pic: Kym Smith

Is section 18C truly a bulwark against racial hatred?

For some, like the Australian Law Reform Commission, it aims too low — not only targeting hurt feelings but leaving unaddressed more serious issues of racial vilification and incitement of racial violence.

So what exactly does section 18C cover, and leave out?

Could the illegality of insulting or intimidating someone because of their race, even be holding back Australia’s ability to solve problems faced by racial minorities today?

How viable are the changes now being proposed to the section — and why has the Human Rights Commission split over the issue?

The Australian’s Legal Affairs Editor, Chris Merritt, has answered your questions in a live discussion in the comments section below.

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Please note this is a general advice forum — we are not offering personal advice of any kind. Chris has endeavoured to answer as many questions as possible in the time frame permitted with a view to helping as many subscribers as possible.

We are planning to produce a series of similar subscriber-only sessions on investment issues that matter to you, and these will be promoted on www.theaustralian.com.au over the coming weeks, so stay tuned. We also cover topics regularly in the Legal Affairs section.