Saturday Magazine

13 Jan 2014

Racial offence and the media

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As Saturday Magazine’s producer Ben Rylan writes, the Racial Discrimination Act may be the only course of action when prominent people focus their attention on those not in the media spotlight.

Some time ago, before he became Australia’s Human Rights Commissioner, Tim Wilson wrote in the Herald Sun on the topic of Section 18C of the Racial Discrimination Act. This was the law used to haul columnist Andrew Bolt into court after comments he made about fair-skinned people identifying as Aboriginal. In the article, Mr Wilson wrote: “This debate is about the human rights of every Australian – those who don’t have the same platform as Bolt either to make free comment or defend themselves against attacks on their speech, including by government laws.”

But as I put to Tim on this edition of Saturday Magazine, it would be very difficult for most people to publicly challenge something written by someone with the power and exposure of Andrew Bolt.

Instead of legislating against the potential for individuals to feel offended by racial remarks, Tim’s solution is for those who are offended to vocalise their point of view in the contrary. In his words, “The best way to deal with inaccuracies is have them expressed, heard, challenged and exposed for their faults. The solution is not to shut down speech. The solution is more speech, much more, particularly for different voices.”

Trying to encompass the potential for humans to feel offended into the language of the law is an immensely difficult thing. But the alternative Tim suggests assumes all people are equal in their ability to articulate and express themselves. If Andrew Bolt unfairly offends a little old lady, she ought not have any means of legal retaliation. It’s up to her to get online and start a blog.

Unfortunately, not all of us are on the same playing field as the Andrew Bolts, Gina Rineharts, and Rupert Murdochs of the world. Would Pat Eatock’s face have made it on to Seven’s or Nine’s 6pm news had she not managed to force Andrew Bolt into a courtroom confrontation?

What do you think of the laws that saw Andrew Bolt taken to court? Let us know over at the Saturday Magazine Facebook page.