Race Discrimination Commissioner: ‘I didn’t ask for Leak complaints’

The Race Discrimination Commissioner has denied soliciting complaints about a Bill Leak cartoon.

Race Discrimination Commissioner Tim Soutphommasane leaves the Human Rights Commission in Sydney. Picture: Hollie Adams

Race Discrimination Commissioner Tim Soutphommasane has denied soliciting or encouraging complaints about a controversial Bill Leak cartoon, despite issuing advice on the day it was published on how to make a complaint.

On the eve of a Coalition joint partyroom meeting where proposed changes to the Australian Human Rights Commission and 18C will be discussed, Dr Soutphommasane issued a statement yesterday that failed to address his specific references to Leak’s ­cartoon.

He singled out “recent articles in The Australian and The Daily Telegraph”, saying: “I reject any suggestion that I have ‘urged’ or ‘encouraged’ complaints.

“It is my function, as stated in the Racial Discrimination Act, to promote public understanding and acceptance of the act. This ­includes informing people about their right to lodge a complaint if they believe they have experienced racial hatred.

“It is wrong to suggest that giving this information amounts to soliciting complaints.”

The August cartoon depicted a police officer asking an indigenous father — who did not know his son’s name — to talk to his child about personal responsibility.

On the day The Australian published it, Dr Soutphommasane posted on Facebook suggesting people could lodge a complaint.

“If there are Aboriginal Australians who have been racially ­offended, insulted, humiliated or intimidated, they can consider lodging a complaint under the ­Racial Discrimination Act with the commission,” he wrote.

He also tweeted a news article quoting numerous parties condemning the cartoon as “racist”, and commented: “Our society shouldn’t endorse racial stereotypes of Aboriginal Australians.”

Dr Soutphommasane’s statement came 10 days after Leak’s death, and ahead of today’s meeting at which government MPs will debate changes to existing laws.

The government move follows a parliamentary inquiry into free speech, which was set up in response to the commission’s handling of race-hate allegations made against Queensland University of Technology students and three, ultimately unsuccessful, complaints against Leak and The ­Australian.

Commission president Gillian Triggs this month said the HRC “deeply regrets the anxiety, reputational damage and costs” the QUT students experienced during the commission’s “lengthy processes”, but has refused to apologise.

She was also ­accused of misleading the Senate after she claimed her organisation had given Leak the chance to make a “good faith” defence of his cartoon. She said that if he had done so, the investigation would have quickly ceased. Leak’s lawyer revealed documents in which he claimed several “good faith” defences under section 18D.

Liberal backbencher Eric Abetz described Dr Soutphommasane’s defence as “dissembling gobbledygook” and said it was clear the commissioner had opened the paper, seen something he didn’t like, and “called for complaints so that he could try to ­enforce his own world view on a renowned newspaper cartoonist”.

“Instead of being an apologist for seeking to enforce their ­extreme left-wing agenda on the public, the Human Rights Commission should spend more time promoting the human right of free speech,” he said.