Saturday Magazine

8 Jan 2014

Tim Wilson joins Macca and Ben

On this week’s program, Macca and Ben Rylan are joined by Australia’s new Freedom Commissioner, Tim Wilson.

When the Abbott Government appointed Tim Wilson as the new Freedom Commissioner at the Human Rights Commission, all those involved knew the controversy would be swift and loud. As regular Saturday Magazine listeners will know, Tim is a former policy director of the Institute of Public Affairs (a right-leaning think tank), and a self-described “classical liberal”. In-fact, one of the last acts by the IPA before Tim’s new role was to call for the abolition of the Human Rights Commission.

While this does suggest a rather curious way to craft a job application, Tim may indeed have more to offer his post than many critics have given credit.

During his many appearances on Saturday Magazine, Tim has copped it from both sides. On the topic of same-sex marriage his opponents complain that as a (now resigned) Liberal, he’s sleeping with the enemy. But while it’s an immensely important issue for our time, it’s not the only one. And for Tim’s part, it’s likely not the reason that, as a young man, public policy evolved into his passion.

Furthermore, when it comes to changing the law in favour equal marriage, Tim maintains a practical viewpoint, arguing that conservative politicians and their electorates are generally not swayed by loud displays of public protest.

On the recently quite explosive topic of free speech, Tim has been reasonably clear on his view. Writing in the Herald Sun, Tim recalled the case of columnist Andrew Bolt being taken to court for comments he made about light-skinned Indigenous people identifying as Indigenous. In calling for the repeal of Section 18C of the Racial Discrimination Act, Tim argued that free speech should not allow for the extinguishing of views that may cause offence:

“…free speech is only an extension of thoughts and thoughts can be built on an incorrect understanding or assumption. 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.”

Regardless of Andrew Bolt’s intention, it’s fair to say that he did offend many with his comments. The suggestion that some people should not identify as a particular race based upon their appearance is obviously ludicrous and clearly fails to consider the many complexities surrounding self-acceptance and identity. Indeed, some of the people referenced by Bolt as examples of his argument spent their entire childhoods identifying as Indigenous. That Andrew Bolt found it reasonable to contradict this matter on their behalf is quite astounding.

However, as many critics have seemingly failed to grasp, it’s not this point that Tim is arguing. Regardless of whether Bolt caused offence, Tim’s point is that it should not be up to the courts to decide matters of personal offence. Presumably, if people take issue with something someone says, they should argue their point.

This position does, however, seem rather problematic when one side of the argument is fought by a relatively unknown person, and the other is Andrew Bolt. In cases of gross levels of offence, exactly how Tim, the government, or anyone else might go about creating “more speech” to rectify matters remains unclear.

But if the section is to be repealed, there may be a few obstacles to contend with inside the Human Rights Commission. Speaking to The Australian, the commission’s president Gillian Triggs made her view quite clear:

“We have a legal obligation internationally and under the treaties to implement legislation that protects people from racial vilification in public. That is all [Section] 18C purports to do. Of course it is possible to tweak it, to amend it, to take language out and to put new language in that strengthens it – all of that we of course fully support as a matter of law. We are not here to give effect to government policy as such, we are here to monitor compliance by Australia with its international obligations to human rights.”

Attorney-General George Brandis has already promised to repeal or amend Section 18C. In filling the position of Freedom Commissioner, Tim Wilson was hand-picked by Senator Brandis himself.

It would now seem the Attorney-General has at least one ally within the commission. Despite Professor Triggs’ warning on ABC radio that the commission must ultimately speak with one voice, Tim says his views were always abundantly clear before his recent appointment, and it seems he’s in no position to change them, telling The Australian, “Obviously I have a very strong and different view, and I am planning to prosecute that within the commission.”