Bill Leak complaint ‘prejudged’ by Race Discrimination Commissioner

The Race Discrimination Commissioner faces claims public debate is being shut down by section 18C.

Race Discrimination Commissioner Tim Soutphommasane faces a senate estimates hearing today.

Race Discrimination Commissioner Tim Soutphommasane has denied prejudging a racial vilification complaint against The Australian’s cartoonist Bill Leak, rejecting suggestions that public debate is being “shut down” by the Racial Discrimination Act.

Dr Soutphommasane in August said a “significant number” of people would agree the cartoon was a racial stereotype of Aboriginal Australians and he urged anyone who was offended by it to lodge a complaint under the controversial section 18C.

“Our society shouldn’t endorse racial stereotyping of Aboriginal Australians or any other racial or ethnic group,” he told Fairfax Media at the time.

Interrogating the commissioner at a Senate estimates hearing in Canberra, Liberal senator David Fawcett suggested Leak’s depiction of an Aboriginal policeman “clearly sober, in authority, taking a very reasonable action” was in fact a “very positive portrayal”.

Dr Soutphommasane answered: “Cartoons will be subject to all matter of public debate. It’s a healthy part of our democracy that we have that debate.”

Dr Soutphommasane said his rebuke of the cartoon reflected a widespread public view, including that of the Indigenous Affairs Minister Nigel Scullion.

“There’s no prejudgment that I make. I have a role as defined by the Racial Discrimination Act to promote public understanding and acceptance of the act and compliance with the Act.

“One: I have no role in handling complaints that are received the Australian Human Rights Commission and, two, the commission makes no legal determinations about matters that are brought before it in the form of complaints, so there is no judgment that the commission or I make.”

Senator Fawcett then questioned whether it was appropriate to threaten racial discrimination complaints to “shut down” people who stimulate important social debates.

Dr Soutphommasane answered: “I don’t accept your characterisation of anyone being shut down.”

Senator Fawcett argued many Australians would take issue with the commissioner’s view.

The hearing continues before the Senate Legal and Constitutional Affairs Committee.

The Bill Leak cartoon that is the subject of a complaint.