Move for blasphemy law could ‘turn us into Saudi Arabia’

Moves within Labor to extend section 18C to cover religion have triggered fears it would pass an anti-blasphemy law.

Anne Aly has raised the prospect of extending section 18C to cover religion. Picture: Colin Murty

Moves within the Labor Party to extend the reach of section 18C of the Racial Discrimination Act to cover religion have triggered fears a government led by Bill Shorten would establish an anti-blasphemy law to prevent people offending and insulting Islam.

The proposal, from Labor’s Anne Aly, was denounced by Liberal backbencher and former Human Rights commissioner Tim Wilson, who said it would “turn Australia into Saudi Arabia, where people can be hauled before courts for criticising religion”.

The move was also rejected by Nick Xenophon, despite his senators being committed to blocking changes that would prevent 18C claims by those saying they have been offended or insulted. “As a general principle I do not support the reintroduction of blasphemy laws in this country,” he said.

But Dr Aly’s idea found strong support from Federation of Islamic Councils president Keysar Trad. “Of course we need religious protection. Section 18C should be strengthened and broadened … so that Australians can go about their legitimate daily business ... free from persecution on the basis of their religious affiliation,” he said.

The prospect of a blasphemy law emerged when Dr Aly told The Australian there was “scope to reassess” extending section 18C, saying the racism debate now “extends to religion”.

She said there was scope to extend 18C to cover religion and she would like to see this discussed “because I think we have definitely seen an increase in anti-Islamic rhetoric”.

Her remarks came soon after Labor said it would never change section 18C and legal affairs spokesman Mark Dreyfus revealed a future Labor government would consider imposing a general standard for speech under a consolidated anti-discrimination law.

Section 18C now is confined to the Racial Discrimination Act and outlaws doing anything that leads to people feeling offended, insulted, humiliated or intimidated. Mr Wilson said Dr Aly’s support for anti-blasphemy laws was a reminder that unless 18C were changed, Labor would use it as a precedent and extend it to religion. The government’s reform would change it to target intimidation and harassment instead of speech that hurts the feelings of complainants.

“If they are not going to make it unlawful to offend religions, then Labor needs to explain why they are treating race and religion differently,” he said. “Laws should stop harassment, but they shouldn’t stop discussing difficult ideas.”

Dr Aly’s proposal was part of a “mad, ideological drive of the modern Labor Party to use laws to shut people up”.

Mr Trad, who apologised last month for suggesting violence against women was a “last resort” in the Koran, said an extended 18C would have tempered the provocative commentary before the 2005 Cronulla riots. “The law was not strong enough to protect Australia from the build-up to the riots,” he said.