Licensing hate: the possible consequences of Abbott’s racial vilification changes

As politics heightens in the decreasing count down to the 2013 Federal election, the opposition is laying its cards on the table. Always on the cards since the Institute for Public Affairs, a right-wing think tank, began a fund-raising campaign for Andrew Bolt in defense of his racial vilification case…

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Was Tony Abbott’s speech to the IPA a preview of the kind of government he and shadow Attorney General George Brandis will operate? AAP/Mick Tsivakis

As politics heightens in the decreasing count down to the 2013 Federal election, the opposition is laying its cards on the table.

Always on the cards since the Institute for Public Affairs, a right-wing think tank, began a fund-raising campaign for Andrew Bolt in defense of his racial vilification case, Coalition Leader Tony Abbott has delivered to his ideological heartland with a commitment to remove key elements of Section 18C of the Race Discrimination Act (RDA).

Section 18C, known as the racial vilification provision, was introduced in 1996 with opposition agreement in the dying days of the Keating government to make race hate speech unlawful (not illegal). Ever since 1966 when the Holt government signed onto the International Convention for the Elimination of All Forms of Racial Discrimination (ICERD) while filing a reservation on Article 4 (the outlawing of race hate speech), the position of vilifying speech on the Australian political agenda has been contentious and often murky.

The states and the Commonwealth have overlapping jurisdiction, and civil and criminal laws apply in differing ways in different states. It is a mess, and one that the Commonwealth alone cannot clean up.

The specific Commonwealth legislation requires the offended party (who has to be able to show that they are offended, vilified etc.) to seek conciliation with the offending party through the Australian Human Rights Commission (AHRC).

The AHRC cannot act on its own bat in the public interest against racist materials. Only if no agreement can be reached does the AHRC declare it cannot conciliate and refers the case to the Federal Court for arbitration. When Andrew Bolt and the Herald Sun told Pat Eatock and her Aboriginal colleagues who sought conciliation to get lost, they had no other recourse but seek a court judgement.

News Ltd columnist Andrew Bolt arrives at court during his racial vilification case. AAP/Julian Smith

Once they started down the RDA path (with little likelihood of anything other than an apology and costs), they had to put aside any common law actions for Mr Abbott’s preferred option of defamation (with the potential for serious damages).

Under the headline “Freedom Wars”, Abbott portrayed himself as a crusader facing the Saracens in the Holy Land. (Note, for hyperbolists, a war for freedom is being fought in Syria, not Australia).

He went on to argue that “Freedom of speech empowers Christians, Muslims, Jews, …. everyone and anyone publicly to affirm whatever it is that is important to their identity.”

True; but Section 18C only restrains them from saying anything they wish about each other, if what is important to them depends on discourses of vilification.

In making his attack on government plans to “regulate” the news media, Mr Abbott argued: “The more powerful people are, the more important the presumption must be that less powerful people should be able to say exactly what they think of them”.

Given this logic, the converse should also hold – “the less powerful people are, the more important the presumption that more powerful people should not be able to say exactly what they think of them”.

Abbott’s initiative, licensing as it does people who wish to have no limit on their opportunities “to offend, insult, humiliate or intimidate”, has the apparent full support of his communications spokesperson Malcolm Turnbull. Turnbull’s office told The Conversation that Turnbull was “fully behind the statement” and that he had previewed and approved it.

When John Howard managed to alienate much of the Asian and Muslim communities of Sydney with his perceived support for Pauline Hanson, it took the Liberals under Barry O’Farrell many years to draw them back towards the Coalition. It paid off as the March 2011 state election demonstrated.

Pauline Hanson created massive community disruption with her comments about Asians and Indigenous Australians when elected to parliament in 1996. Australian Parliament

Yet Mr Abbott seems to have decided to potentially alienate these same groups once more. He has offered the added bonus of the Jewish community, the backbone of Turnbull’s Wentworth electorate, who have been the main users of 18C against Holocaust deniers, anti-Semites and racist agitators.

In the Executive Council of Australian Jewry submissions to the Attorney General Roxon’s consolidation review of human rights legislation, and to Race Discrimination Commissioner Helen Szoke’s Anti-Racism strategy, the ECAJ has pointed to the rising waves of anti-Semitism in Australia, the use of the internet for the dissemination of racist propaganda, and the insufficiency of Commonwealth legislation as it stands.

The government’s consolidation process appears rather disconnected and unfocused, with major problems still evident; a significant worry was that 18C would be dissolved behind a word-wall of obfuscation.

However, in response to Abbott’s speech, Roxon has said that the consolidated human rights legislation will be raised to the “highest possible standard”.

However her government recently withdrew its planned accession to the European Cybercrime Optional Protocol on Cyberracism, despite clear evidence Australia’s current regimes were inadequate, suggesting that the standards would not be quite as high as many might have hoped.

While Abbott’s speech is clearly a pay-off to the IPA, it also appears as a double-wedge: it places Turnbull in an invidious situation with his own constituency, and it seeks to wedge the government on freedom of speech issues just as the regulation of media debate reaches the boil. It may or may not represent his own viewpoint. It is also not clear whether this is a core promise, or simply rising chatter directed towards the hard edge of the conservative support.

Is Tony Abbott’s move on racial discrimination an attempt to wedge his erstwhile – and potentially future – leadership rival Malcolm Turnbull? AAP?Lukas Koch

Removing Section 18C without any replacement will open Australia to an even more thorough critique than that offered in 2011 by the United Nations Human Rights Committee. Of course, as under the Howard government, an Abbott government may well tell the UN to butt out.

What the IPA speech does is to direct public attention to what the rhetoric and the reality of human rights would look like under a returned Coalition government, with Senator Brandis as the potential Attorney General.

This is not something we’ve really seen displayed, and it adds an important dimension to the emerging Australian future being planned by the opposition.

Join the conversation

110 Comments sorted by

Comments on this article are now closed.

  1. Michael Brown

    Professional, academic, company director

    "to offend, insult, humiliate or intimidate" is a small price to pay for the critical right of free speech. Politicians have disliked the media and adverse comment generally ever since printing presses were invented. However only those with totalitarian tendencies have actually tried to legislate controls, and that includes some current cabinet ministers and their urgers in the unions and academia. Free speech means people will be frequently upset by what others say. We need some reasonable libel laws and nothing else. Free speech is too important to compromise.

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    1. Caspar Fairhall

      Caspar Fairhall is a Friend of The Conversation.

      logged in via Twitter

      In reply to Michael Brown

      It's hard to see how freedom of speech is aided by allowing or tacitly condoning racism. Racial vilification adds nothing to political debate: it's an exercise in the power of exclusion.

      Abbott's position has little to with a genuine concern for freedom and more to do with dog whistling to bigots.

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    2. Grendelus Malleolus

      Senior Nerd

      In reply to Michael Brown

      Michael Abbott's claim for "freedoms" for speech is at odds with his personal and party views for freedoms in other areas - such as the right to privacy on the internet or to marry whomever one chooses. This is purely political and aimed at the noisy far right of australian political life.

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    3. Fran Barlow

      teacher

      In reply to Michael Brown

      The problem with your response Michael Brown, is that it turns "free speech" into an abstraction. The purpose of free speech is to empower people to resist arbitrary authority, in part by allowing them to make informed judgements about the circumstances attending the exercise of power.

      As a matter of practice, liberal pluralist communities tend to give a fairly wide discretion to people to declaim and express themselves on the usages of authority and power not because ignorant or racist speech…

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    4. Anthony Nolan

      Ruminant

      In reply to Michael Brown

      It has been my experience, however, that cowards and rogues are much more inclined to curb their right to free speech when speaking directly to and in the presence of people who may take offense at their speech.

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    5. Philip Dowling

      IT teacher

      In reply to Caspar Fairhall

      Congratulations, Caspar.
      You are the first to include dog whistling, racism, vilification, and bigot in the same post. Undergraduate hyperbole belongs in student newspapers.

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    6. Philip Dowling

      IT teacher

      In reply to Fran Barlow

      What is a fair minded person?
      A judge who claims to be able to read between the lines. Not in my opinion.
      Does this mean that I am not a fair minded person ?
      My children have been shown "An Inconvenient Truth" by science teachers innumerable times, but they have never told about the views of an English judge on its accuracy. Are they fair minded teachers? They claim to be so.
      My children have been told of all of Gough Whitlam's achievements. But they remain singularly uninformed of his failures. These teachers also claimed to be fair minded, but were offended and insulted when they were reminded of his failures.

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    7. Joseph Bernard

      Director

      In reply to Caspar Fairhall

      Caspar..

      who is the censor? who determines what is a racist comment and what is just harse reality.. we are all grown ups and we should just learn to accept the responsiblity communicate the good and bad.. nothing can be resolved without discussion.. so just grow up

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    8. Joseph Bernard

      Director

      In reply to Michael Brown

      I agree 100% with Michael Brown

      lets be grown up and learn to discuss everything.. racists are uncovered earlier, and the issues are discussed openly.. People that have nothing to hide have nothing to lose and everything to gain..

      those that want censorship most likely can not defend their position, so they try shut down discussions.

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    9. Caspar Fairhall

      Caspar Fairhall is a Friend of The Conversation.

      logged in via Twitter

      In reply to Joseph Bernard

      Firstly, if we agree that we should have libel laws, and I expect we do, then we also accept the judicial process that goes with them. An analogous process is clearly applicable to racial vilification.

      Secondly, it follows that if you accept the legitimacy of libel laws then you already accept reasonable constraints on speech. Racial vilification tends to be more damaging than libel because it has the potential to injure a large number of people. Neither racism nor libel have a basis in reality, harsh or otherwise; surely both are unacceptable.

      As an aside, please refrain from making personal remarks. If we are all indeed adults then I'm sure we can debate the issue on its own terms.

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    10. Joseph Bernard

      Director

      In reply to Caspar Fairhall

      @Casper,

      we all talking about hyperthicals.. "racial comments" and "damaging comments"... by which mythical creature's standards?

      surely we are mocking the intellengence of the people in this country! that we are not mature enough to live with each other? I find it offensive that new laws are to be enacted to deny my right to use whatever words i feel fit to deal with any specific situation..

      next we will not be allowed to have jokes.. this is chaos here and we do not joke HERE!

      how about we get a big mumy in the sky to tell us all what to do?

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    11. Fran Barlow

      teacher

      In reply to Joseph Bernard

      "I find it offensive that new laws are to be enacted to deny my right to use whatever words i feel fit to deal with any specific situation ..."

      OK ... It's a free country. You are entitled to feel offended. I'm entitled not to be troubled by that or and to assume that you are misrepresenting the situation.

      It seems to me though that any legitimate claim you have to speech is not being impinged. As the Bolt case made clear, Bolt was entitled to be as offensive as he thought apt. What he was not entitled to do is to underpin his offensive observations with claims that were demonstrably incorrect and defamatory. He was, as the saying goes, entitled to his own opinions -- just not his own facts.

      "next we will not be allowed to have jokes"

      Ah .. a slippery slope argument ...

      "how about we get a big mumy in the sky to tell us all what to do?"

      Now you're just ranting.

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    12. Fran Barlow

      teacher

      In reply to Philip Dowling

      {My children have been shown "An Inconvenient Truth" by science teachers innumerable times, }

      Doubtful. You could count them. You should have said "often" or "more than once or twice". Resort to hyperbole subverts your claim to fairmindedness.

      {but they have never told about the views of an English judge on its accuracy. }

      I don't know, but none of the inaccuracies (9 of them) were significant from a climate science point of view. The substantive claims in AIC simply repeat well attested…

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    13. Marilyn Shepherd

      pensioner

      In reply to Michael Brown

      But what if it is you? Abbott had a book pulped because of a couple of paragraphs he didn't like, he had Pauline Hanson jailed for a non-crime and Abbott himself vilifies anyone he can.

      What if someone spoke out loud with the rumour that you were a serial rapist or serial killer and they offered up enough innuendo to make it look feasible.

      Would you try and fight back and defend yourself with a defamation suit or just let yourself be railroaded into jail.

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    14. Joseph Bernard

      Director

      In reply to Fran Barlow

      @Fran

      if the bolt of lighting that has destroyed the world is all you have, sorry but i reserve the right to remain offended by this "do gooder" approach that is purported to know better than everyone else.. This simple minded blanket approach to censorship treats the citizens of this country as being stupid and incapable of free thought. I AM OFFENDED and demand you stop this nonsense!.

      the world is not flat, and nor is the circumstance that surround any particular issue.. including Andrew…

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    15. Philip Dowling

      IT teacher

      In reply to Fran Barlow

      I used the term innumerable in relation to my children's mathematical ability.
      I think that it was accurate in that context.

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    16. Anthony Ervin

      Mathematics Teacher at New South Wales DEC

      In reply to Philip Dowling

      Students watching an inconvenient truth containing fairly complex concepts and statistics are I would hope at least numerate up to say.....10. I doubt very much any teacher would ever want to expose children to even a doco as good as this ten times let alone themselves.

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    17. Joseph Bernard

      Director

      In reply to Anthony Ervin

      @Budgie

      what is the to get? That I should expect that some blanket rule preventing people from expressing their opinion good or bad will solve the world's problem?

      Should my posting be removed if i start to make some questionable comments about reds under the bed and Red is an inferrior colour or stop your bleeding complaints?

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    18. Anthony Ervin

      Mathematics Teacher at New South Wales DEC

      In reply to Joseph Bernard

      Wikipedia:

      Two pairs of court-appointed psychiatrists have examined Breivik prior to his 2012 trial. In the first report Breivik was diagnosed with paranoid schizophrenia.[20] A second evaluation was commissioned following widespread criticism of the first report.[21] One week before the start of his trial the second psychiatric evaluation was published with the conclusion that Breivik was not psychotic during the attacks and he was not psychotic during their evaluation;[22] rather he is an extreme narcissist.

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    19. Philip Dowling

      IT teacher

      In reply to Anthony Ervin

      I did not indicate that it was a single teacher. It was shown in science classes and geography classes and apparently it was the video of choice of every casual teacher.
      You may have your doubts, but your doubts are not facts.
      The movie incidentally is not a documentary. It is pure propaganda.
      Certainly it should never be shown in science classes, as it is not scientific in approach.

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    20. Joseph Bernard

      Director

      In reply to Anthony Ervin

      @Budgie

      have you read any of Breivek's reason's given as to why he did what he did? He complains of censorship as being the reason he took his justice into his own hands.. censorship..

      there are people like geert wilder who on the other hand was taken to court for his publication of "fitna" ... He is out spoken and has been cleared in a court of law.. but there are still those that do not like his message and say he should be shut down.. At least there is dialog..

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    21. Fran Barlow

      teacher

      In reply to Joseph Bernard

      If some character thinks the want of fredom to vent his angst is a sufficient reason to commit mass murder, then IMO, this is a very dangerous person who ought to be confined some place safe even if he has a legitimate point about an overly officious regime.

      There is no connection between these things. People who respect diversity and pluralism in public discourse are not the sort of people who mass murder, even if they feel aggrieved.

      Breivik made clear that he saw his acts not as a plea for free speech but as an attempt to tear down multiculturalism and leftism by murdering the next generation. It was a witting act of attempted democide, intended to provoke ethnic cleansing on a very large scale and about as far as one pleading for free expression could get.

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    1. Russell Walton

      Russell Walton is a Friend of The Conversation.

      Retired

      In reply to Philip Dowling

      Yes, indeed, although I support the Act in principle, I wouldn't accept the definition of a religious community as a 'race', for example and where do we set the parameters for 'offence'? Some people are easily offended. Mills isn't much help as he was writing in the relatively mono-cultural 19th century.

      If we misuse the Act our society will default to the mores and ethical standards of its least tolerant subcultures and we will sacrifice 500 years of progress.

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    2. Tony P Grant

      Neo-Mort

      In reply to Russell Walton

      It would be no war in Australia...they, Abbott et al have all at their command...thinking any thing else would be delusional!

      The so-called left were decimated by Labor in the mid 80's (1986 de-registration of the ABCE&BLF) was end of game!

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  2. Fran Barlow

    teacher

    More generally though, it seems to me that a system in which "quality media" agreed to comply with enforceable regulation administered by a body at arms' length from its business interests and the state based on the AJA Code of Ethics would not be an infringement of "freedom of the press". In essence, the body would be holding the media to standards to which almost universally, they already pay lipservice.

    Sanctions could be limited to prompt corrections, retractions and clarifications. Rulings…

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    1. Philip Dowling

      IT teacher

      In reply to Fran Barlow

      I am repulsed by such a regulated press.
      Already I regularly visit overseas online newspapers that are not as filtered by left-leaning journalists as Australia's are.
      Google translate is a wonderful tool.
      Many overseas English-language newspapers have second rate reporters working for them.

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    2. Fran Barlow

      teacher

      In reply to Philip Dowling

      Our "press" is not regulated except to the extent that cross-media rules amount to regulation -- and there this is not greatly different from what the ACCCseeks to do in maintaining competition policy -- which in this ciountry is uncontroversial.

      I see no basis for saying that the content of media is "filtered" buy left leaning journalists. The content seems on the whole to be "filtered" by those who are either vacuous, ignorant and indolent or sympathetic to the Murdoch/Big Miners/coalition agenda. It's easy to mix these two groups up. They cohabit so nicely.

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    3. Marilyn Shepherd

      pensioner

      In reply to Philip Dowling

      Yeah, especially the Murdoch rags in Britain who seem to be in a spot of bother.

      No-one is talking about regulating media but wouldn't it be good if they published verified facts instead of nonsense posing as facts.

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    4. Philip Dowling

      IT teacher

      In reply to Fran Barlow

      Fran I refer you to studies comparing journalists views and those of the general population.

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  3. Rajan Venkataraman

    Citizen

    Dear Prof Jakubowicz
    Thanks for your very useful article. I think it's important to distinguish between discrimination and villification. Presumably, society legislates against the former to eliminate the improper exercise of power by one person over another. Anti-villification is meant (as per the terms of section 18C) to spare offence, humiliation etc. Is this a proper objective of legislation?

    Personally, I subscribe to J. S. Mill's view that society as a whole benefits from the free exercise…

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    1. Russell Walton

      Russell Walton is a Friend of The Conversation.

      Retired

      In reply to Rajan Venkataraman

      Rajan Venkataraman,

      "And personally, I would prefer that the racists speak their mind so that they and their views are exposed to counter-argument and ridicule."

      I'm not sure how effective this would be, particularly if an individual's prejudices were widely held and reinforced by the ethnic group to which he or she belonged. You appear to be assuming that racists are isolated individuals open to reasoned argument I don't think that is the case, otherwise there wouldn't be those ethnic conflicts that have continued in some regions for centuries. To avoid similar developments in this country we should employ the law, now--of course the devil is in the details.

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    2. Anthony Nolan

      Ruminant

      In reply to Rajan Venkataraman

      Rajan Venkataraman,

      Mill also formulated the 'harm principle' by which he argued that:

      "the only purpose for which power can be rightfully exercised over any member of a civilized community, against his will, is to prevent harm to others".

      Applying the harm principle to the principle of free speech allows for reasonable curtailment of free speech where such speech, no matter how sincerely it represents the beliefs of the speaker or established truth, is liable to bring harm to people. Mill…

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    3. Garry Baker

      resarcher

      In reply to Rajan Venkataraman

      Well said Rajan - many may disagree, but the last thing we want is to go the way of the UK, where ultra political correctness and minor nuances in meaning get translated as racism, etc. Better I think to allow an idiot to prove the point, that he is indeed and idiot with what he says(ie: the content). At least then racism won't get buried in an arcane manner, which in my view is a far worse condition.

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    4. James Jenkin

      EFL Teacher Trainer

      In reply to Anthony Nolan

      Hi Anthony, I think words, however crazy, rarely incite people to do physical harm. If they do, such incitement is covered by other laws anyway.

      I agree with Rajan that it's better to expose and confront stupid ideas. Normal people can cope with this. They don't need to be shielded from unsavoury opinions in case they're whipped into a frenzy.

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    5. Anthony Nolan

      Ruminant

      In reply to James Jenkin

      James Jenkin,

      Which other laws cover incitement to do physical harm?

      Beyond that it is important to reconstitute Mill's concept of harm to accommodate the reality of living in complex, cosmopolitan democracies. Hopefully, our notion of what constitutes harm has moved on since the days when direct physical harm to corn dealers set the horizon of Mill's political imagination.

      Do you see that the court case against Bolt is exactly the process by which stupid ideas were exposed and confronted? Besides, Bolt lost his case primarily because he didn't get his facts right. Nothing more stupid than that for a journalist.

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    6. Fran Barlow

      teacher

      In reply to James Jenkin

      { it's better to expose and confront stupid ideas. Normal people can cope with this. They don't need to be shielded from unsavoury opinions in case they're whipped into a frenzy.}

      That's not the point. Tolerance of expressly racist baiting in the media creates a context in which many will take this as a legitimate expression or attitude. That might lead very few to expressly criminal conduct, but it creates an undesirable starting point for social inclusion or disempowered people.

      That such views are expressly disavowed and derogated means that it is the bigots who are forced onto the defensive about their views -- which is as it should be.

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    7. Fran Barlow

      teacher

      In reply to James Jenkin

      { it's better to expose and confront stupid ideas. Normal people can cope with this. They don't need to be shielded from unsavoury opinions in case they're whipped into a frenzy.}

      That's not the point. Tolerance of expressly racist baiting in the media creates a context in which many will take this as a legitimate expression or attitude. That might lead very few to expressly criminal conduct, but it creates an undesirable starting point for social inclusion or disempowered people.

      That such views are expressly disavowed and derogated means that it is the bigots who are forced onto the defensive about their views -- which is as it should be.

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    8. Fran Barlow

      teacher

      In reply to James Jenkin

      { it's better to expose and confront stupid ideas. Normal people can cope with this. They don't need to be shielded from unsavoury opinions in case they're whipped into a frenzy.}

      That's not the point. Tolerance of expressly racist baiting in the media creates a context in which many will take this as a legitimate expression or attitude. That might lead very few to expressly criminal conduct, but it creates an undesirable starting point for social inclusion or disempowered people.

      That such views are expressly disavowed and derogated means that it is the bigots who are forced onto the defensive about their views -- which is as it should be.

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    9. Marilyn Shepherd

      pensioner

      In reply to Fran Barlow

      http://www.smh.com.au/national/jewish-call-to-curb-compassion-20120808-23ss4.html

      Ah, yes the Jewish community are the first to squeal if they feel the slightest hint of one thing said against the policies of Israel. Yet when Robert Magid publishes filth like this the policy it silent.

      The ABC don't convene panels of jews to condemn Magid, the Newsltd. media don't demand that all jews apologise for the words of Magid.

      But imagine if a muslim here said these vile things about Jews?

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    10. Philip Dowling

      IT teacher

      In reply to Fran Barlow

      The reality is that people self-censor and express their views to others who agree with them.

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    11. Anthony Nolan

      Ruminant

      In reply to James Jenkin

      James,

      That legislation has been on the books since first introduced in 2005. It is a bill and has not been enacted so it is not law.

      As to your other comments: an ideal world would be one in which self sovereign individuals treated each other with mutual respect and in particular respect for difference. In the ancient world you weren't regarded as a fully developed citizen unless you were seen to possess all of the virtues. Sanctions against unvirtuous behaviour were unnecessary or rare because small communities could easily impose exclusion. Our society, of course, is now so large and complex that imposing sanctions against unvirtuous behaviour manifested in speech lacking respect (Bolt) that it seems necessary to me in order to encourage virtue amongst citizens.

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    12. Philip Dowling

      IT teacher

      In reply to Russell Walton

      Since when has the law been effective in making people good?
      Surely there have been laws against murder for centuries, but it still occurs.

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    13. Grendelus Malleolus

      Senior Nerd

      In reply to Philip Dowling

      Oh Philip, that is such a naive view. Murder is usually such an irrational act that law, or fear of punishment are rarely deterrents. Capital punishment, for example, is unsuccessful in deterring people from murder.

      The question you need to ask however is whether the law is an effective modifier of other behaviours. "Rational people think at the margins" is an economic aphorism that also applies to general behavior. If there is a marginal benefit to the commission of a crime, then some people will do so. If people even think that such a benefit may be present, then they may offend. The law has the effect of reducing the marginal benefit that might tempt many. Speeding fines, or fines for seatbelts are good examples of this.

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    14. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Philip Dowling

      Nothing makes people good apparently Philip.

      But society can strive to make our public life civil - like in civilised behaviour.

      Just because murder, theft, rape and arson still happen should we decriminalise the lot of them?

      Should we permit the ignorant, the hate-filled and the selfish set the standard for public life? The tyranny of the lowest common denominator?

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  4. Philip Dowling

    IT teacher

    When I read :-
    'The more powerful people are, the more important the presumption must be that less powerful people should be able to say exactly what they think of them”.

    Given this logic, the converse should also hold – “the less powerful people are, the more important the presumption that more powerful people should not be able to say exactly what they think of them”.'

    The converse of " A triangle is a polygon" is "A polygon is a triangle".
    The same level of logical rigour permeates the article.

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    1. Rajan Venkataraman

      Citizen

      In reply to Philip Dowling

      Philip, my initial reaction was the same as yours but then I read the passage a few times and I could see the logical consistency of the argument. However, while I believe it is consistent, I don't think the argument is valid. Why should the presumption be more important in one case than the other? I think the PRESUMPTION should be equally important in all cases although the UTILITY of commenting about more powerful people is probably more important.

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    2. Anthony Ervin

      Mathematics Teacher at New South Wales DEC

      In reply to Rajan Venkataraman

      Rajan,

      The logical consistency of some people are too often flawed (no reference to you by the way) unfortunately. Some people actually fall for the charm of Malcolm Turnbull for example who "supports fully" the statements made by Abbott regarding section 18c.

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  5. Warwick Brown

    Retired

    As with the Mark Steyn/Macleans Magazine case in Canada, the Bolt case is important and timely. The issues supposedly dealt with in single cases have exploded into the public arena and only good can come of the debate which is up and running. While we hear all about the “mistakes” of Andrew Bolt, the whole issue of ‘fair-skinned Aboriginal people” is out there and not for the first time (Tasmania, in particular, but other places also, have a history of fights over who is or is not “Aboriginal”). It is now subject to renewed and hot debate within the Aboriginal community and, it seems, we are not to be denied a chance to participate. Licensing Hate it isn’t.

    Besides, this criminalisation of offences against group rights will fail and you all must know it. Until you can overcome the wonderful American First Amendment some will always be able to preserve freedom of speech and counter the David Irvings with factual :"more speech".

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  6. Anthony Nolan

    Ruminant

    Thanks for this Andrew. You nail it with:

    "True; but Section 18C only restrains them from saying anything they wish about each other, if what is important to them depends on discourses of vilification."

    I've added 'discourses of vilification' to my lexicon. Cultures and political groupings whose identity depends on vilification of others are unacceptable in a democracy. I'm sure Abbott doesn't have sufficient knowledge of democratic theory to understand the implications of his attitude but someone in the IPA certainly does. There's the real enemy to democracy and freedom, right there.

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  7. Julian de Ross

    Company Director

    John Stuart Mill was very clear.. "if humanity minus 1 holds to one opinion and the 1 holds to a different one, humanity does not have the right to impose it's opinion on the 1, just as the 1, if he had the power, cannot impose his opinion on humanity" (Discourse on Liberty). He also declared wisely that to deny the community being exposed to a different (even offensive) opinion is to deny them the benefit of obtaining a sharper realization of their own position as truth collides with error.
    SECTION…

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  8. Peter Ormonde

    Peter Ormonde is a Friend of The Conversation.

    Farmer

    My goodness me, don't people have some strange notions of vilification - even seeing it as something to defend like a birthright or essential human entitlement.

    This is how the 1996 Act actually defines racial vilification:

    4—Racial vilification

    A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of their race by—

    (a) threatening physical harm to the person, or members of…

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    1. Bruce Moon

      Bystander!

      In reply to Peter Ormonde

      Peter

      I hold similar sentiments to those you express here.

      However, the charge you 'incite' is to explain why it is somehow 'essential' to allow people like Andrew Blot (sic, hehehe) to proceed unfettered.

      The view I proffer rests on my observations of matters, not on any arguable logic.

      I note in English speaking countries, there has been a growth of political ideologues with a rightist persuasion advancing views that in isolation appear somewhat acceptable, but when viewed as a part…

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  9. Lynne Newington

    Lynne Newington is a Friend of The Conversation.

    Researcher

    If ever there was a man capable of causing division and derision, it's this leader of the Opposition..
    Christine Jackman wrote sometime ago ' this brash (now not so young) bloke named Abbott, was prepared to trample roughshod over social conventions in his fearless, sometimes foolhardy, campaign to get what he wants'. Wearing his religion on his button hole as if that gives him the right of way.
    Nothings changed after 12 years.

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  10. Anthony Ervin

    Mathematics Teacher at New South Wales DEC

    This is just a clear idea of what Abbott and his right wing buddies want. Minorities free to attack each other and the powerful majority more able to bash down any minority it sees fit.

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    1. Anthony Ervin

      Mathematics Teacher at New South Wales DEC

      In reply to Lynne Newington

      Lynne,

      I was referring to the Australian Institute of Public Affairs as mentioned in the article and right wing hate mongers like Bolt etc. Who is the "ring in"? And who's argument are you referring to?

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  11. Comment removed by moderator.

    1. Joseph Bernard

      Director

      In reply to Jack Arnold

      @Jack

      are your comments racists? I seem to detect an intolerrance to rabbits and i think you need to be punished

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  12. Robert Indigo Ellison

    logged in via Facebook

    '(1) It is unlawful for a person to do an act, otherwise than in private, if:

    (a) the act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and

    (b) the act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.'

    I have had occassion to now read both Andrew Bolt's article and the court judgement…

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    1. Anthony Nolan

      Ruminant

      In reply to Robert Indigo Ellison

      Robert Indigo Ellison says:

      "...there is a cultural war happening - between the champions of our western enlightenment heritage and the Godless, neo-socialists hordes...."

      Oh, I'm so relieved that there are *hordes* of godless, neo-socialists out there. I thought all was lost. You haven't got a phone number or two, have you?

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    2. Dan Smith

      Network Engineer

      In reply to Robert Indigo Ellison

      "There is a cultural war happening - between the champions of our western enlightenment heritage and the Godless, neo-socialists hordes. It is a international battle for the future of humanity. Deny it if you will - but this is the intellectual battleground of our time at the core of western values."

      Are you sure it's not between hyperbolic doomsayers and people who want to discuss issues and work stuff out?

      Also, I think the Godless (be they horde, masses, army, mob, or even a less loaded and paranoid term like people) have a decent claim on the values of the Enlightenment, thankyou very much. Science and reason over religious power and supernaturalism, that kind of thing.

      Champions of the Enlightenment: Hume, Locke, Jefferson ... Bolt? I'm not holding my breath for the Franklin Mint plate collection.

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    3. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Robert Indigo Ellison

      What on earth is happening at Wollongong University? A decent working class town it used to be, now hosting some cancerous growth of self-centred, self-made-mannism.

      What part of socialism makes you think it is outside Our Western Enlightenment (God-laden) values Robert? I would have thought that good old god-fearing Germany qualified as being part of the west, yet they produced Marx. But of course he was Jewish. Not one of us at all. Robert Owen, William Morris, Bernard Shaw ... they western…

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    4. Dianna Arthur

      Dianna Arthur is a Friend of The Conversation.

      Environmentalist

      In reply to Peter Ormonde

      "To be quite honest I'm really not a big fan of the notion of "race" ... I think it is a superficial and archaic concept that has no basis in genetics or biology. There are far greater genetic differences within a race than between them."

      Not a fan either.

      This behaviour is not freedom of speech, it is bullying. And has consequences - as Andrew Bolt discovered - although I rather doubt he has learned anything at all, given his complete lack of remorse.

      I believe that gross generalisations about any group tends to be by those who place themselves as superior and therefore have licence to judge others. That said, I know I am guilty of making disparaging remarks about bogans and I really need to stop that.

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    5. Robert Indigo Ellison

      logged in via Facebook

      In reply to Robert Indigo Ellison

      "From the saintly and single-minded idealist to the fanatic is often but a step." FA Hayek - The Constitution of Liberty

      I believe that group think is at the core of what passes for progressive thought. Thus it is both deeply delusional and resistant to compromise. One would have to embrace the pissant progressive worldview as a whole to pass muster.

      But it is impossible to have even an open and free discussion if my quite innocuous comments are moderated out in this so called forum. Let's see where did I go wrong?

      Don't care - I guess I will be moseying along.

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    6. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Robert Indigo Ellison

      "One would have to embrace the pissant progressive worldview as a whole to pass muster."

      No not really Robert ... we have our disagreements - some fancy nuclear power, others wind turbines, some are god botherers others leave god alone... we have chats, we have brawls. I'm sorry you feel so outside the group-think. In English that is called a consensus incidentally and is not a bad thing.

      I didn't read what you wrote but by and large they are pretty free-wheeling regarding moderation…

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    7. Robert Indigo Ellison

      logged in via Facebook

      In reply to Robert Indigo Ellison

      Unless it was offensive to the self identified 'Godless horde' wanting contacts with other 'Godless hordes'? If you press the 'report abuse' button you can see the comment and judge for yourself. An overzealous abuse of moderation to limit free speech? No tolerance for colourful language? Is Godless horde offensive? I doubt if Richard Dawkins would agree.

      This is twice in my first 2 days on this site. First I was having a perfectly pleasant discussion on the Minoan Civilisation and the causes of its demise - drought or volcano - and quite on topic in a climate post - when comments were inexplicably closed. Now I make innocuous comments in a lighthearted way that is quite in keeping with the tone of the thread and get censored. What the hell is forum about?

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    8. Robert Indigo Ellison

      logged in via Facebook

      In reply to Peter Ormonde

      Janis has documented eight symptoms of groupthink:

      -Illusion of invulnerability –Creates excessive optimism that encourages taking extreme risks.
      -Collective rationalization – Members discount warnings and do not reconsider their assumptions.
      -Belief in inherent morality – Members believe in the rightness of their cause and therefore ignore the ethical or moral consequences of their decisions.
      -Stereotyped views of out-groups – Negative views of “enemy” make effective responses to conflict…

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    9. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Robert Indigo Ellison

      Didn't realise that one could still access moderated comments by hitting the abuse button. Seems to defeat the porpoise of moderation I suspect - rather half-arsed.

      As for myself I have no problem with being quite godless and aspire to becoming a horde. And I can't really find anything remotely offensive in your post to be honest. I'd ask the editor what done it,why. You must realise these are delicate young things these TC folks, they are used to the tea and bikkies sort of discussions that…

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    10. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Robert Indigo Ellison

      Yes Robert I know what group-think is, or is purported to be... a closed self-structured and enforced adherence to the Truth of the Mission. My country 'tis of thee sort of stuff. Where failure is impossible, not countenanced, not considered and denied when it becomes apparent.

      If you want to have a squizz at serious group think have a look at the decisions of corporations - particularly banks. Must maintain that positive - yes we can - attitude, be a good team player and get with the program!!!! Group-think runs on slogans.

      I just can't see much evidence of it here that's all. We can't bloody well stop arguing and bickering.

      So don't feel too persecuted. Heresy is quite acceptable out here with the Godless hordes. But you've gotta be able to spin a decent informed story to back it up.

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    11. Robert Indigo Ellison

      logged in via Facebook

      In reply to Peter Ormonde

      No - I didn't suppose that the cult of the post-modernist pissant progressive would have much in the way of self awareness
      .
      Hayek is another matter entirely - may I ask if you have had any actual exposure or are merely relying on slogans?

      "From the saintly and single-minded idealist to the fanatic is often but a step."
      Was an observation on the bloody history of socialism last century. It is a reminder of what should never be permitted again.

      The economic principles pioneered by Hayek…

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    12. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Robert Indigo Ellison

      First up, welcome to the chattering classes Robert. Glad you could join us.

      Yes, as a recovering economist I've had a passing acquaintance with Hayek ... he was after all Maggie Thatcher's favourite source of inspiration.

      Now while we are talking about bloodthirsty regimes of the last century - let's have a look further back shall we - to the bloodthirsty regimes of the previous century - the ones that saw the birth of socialism as a political theory... the age of empires... the French and…

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    13. Robert Indigo Ellison

      logged in via Facebook

      In reply to Peter Ormonde

      Although the defense of Andrew Bolt seems a defense of the indefensible in this case - it should still not be an offence in law as opposed to a offence against good taste which might occassionally occur and is a price of freedom.

      Now you may spring to the defense of these white, middle class, well educated, literate and high profile aborignes - and that is your right. Far be it for me to object.

      The rest of the ramble likewise lacked much in the way of rationality. It is a dismal calculus…

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    14. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Robert Indigo Ellison

      OK Robert, enough ramblings. Although in my defence I was simply addressing the rather wide ranging critiques you were hurling about.

      Let's just talk about this - the subject of the piece:

      "Now you may spring to the defense of these white, middle class, well educated, literate and high profile aborignes - and that is your right. Far be it for me to object."

      But then you do. Just like Blot.

      What should Aboriginal folks look like? Well obviously they should be black with fuzzy hair I…

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    15. Grendelus Malleolus

      Senior Nerd

      In reply to Peter Ormonde

      The Ranters sound like a most excellent sect that should be reformed. Like most religions they would have tax exempt status.

      Tax exemption and nudity - a marvellous thing.

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    16. Joseph Bernard

      Director

      In reply to Robert Indigo Ellison

      @Robert,

      i for one appreciate your points and thank you for your input.

      and your comment "let's do the experiment and find out. "

      is a good motto for life, the universe and everything

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    17. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Joseph Bernard

      I suspect that we have in fact being "doing the experiment" Joseph - and global warming is the result.

      At what point does one decide the experiment is a failure or that the results are in - that infinite growth and consumption on a finite planet is not a realistic option?

      Bit like experimenting with cancer ... see if it's really as lethal as all these quacks in white coats are talking about. What would they know? Let's just let it run on.

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    18. Anthony Nolan

      Ruminant

      In reply to Peter Ormonde

      I see Mr Ormonde that you accuse me of depravity because of the converted and now Holy state of my nether regions! That's all very well, isn't it, coming from an advocate of Napoleonic revanchism like yourself. I accuse you of trying to form a united front with us Ranters. Infiltrator.

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    19. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Anthony Nolan

      This is just typical of the Ranter mentality ... this greasy smear leading to innuendo ... no wonder Cromwell took you lot down as kindling!

      That's the trouble with sects - schismatics and splitters everywhere ... three hours seems a bit early on for our first factional brawl though.

      Rest assured I have no intention and no interest whatsoever of infiltrating your nether regions Mr N ... no matter how revanchist my Bonaparte might be feeling. Never again.

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    20. Anthony Nolan

      Ruminant

      In reply to Peter Ormonde

      Oh you say that now laddie but I knew you in your heady days sans culottes. Always an extremist but not to fear another hour or two and we'll have the shirt of your back!

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    21. Peter Ormonde

      Peter Ormonde is a Friend of The Conversation.

      Farmer

      In reply to Anthony Nolan

      Sadly - perhaps thankfully - my sans culotte salad days are well behind me - the incessant fence-sitting provided a final and painful spur to action - that and the presence of a full length mirror and the biting wind of cold reality.

      I now prefer my political positions far more padded. As do the cattle.

      That's the trouble with these old wrinkly Ranters - always going that tiny length too far and being exposed for what they have become.

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  13. Dave Satterthwaite

    logged in via Facebook

    The issue here is not about isolated racists sound off. It's about the overwhelmingly conservative Australian media landscape (sorry fruitbats, although journos may lean left due to their occasional desire for factual information, their bosses are almost all right wing) getting a free pass to turn conservative hate speech into the default communication mode for our nation.

    It's no secret that our more right wing inhabitants would dearly love Faux News to become the gold standard for *journalism…

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    1. Joseph Bernard

      Director

      In reply to Dave Satterthwaite

      Thank you Dave for your thoughts..

      are you promoting fear as a problem that we need to be "protected from" .. all the masses are getting a little restless and having an inflated idea of ..democracy! and their own opinion.. dam

      what we need is a big brother like you to tell us who the good guys are so that we can be protected in our little sheltered workshops?

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    2. Dave Satterthwaite

      logged in via Facebook

      In reply to Joseph Bernard

      Joseph, if you truly think that Rupert Murdoch, Gina Rinehart and Tony Abbott give a fig about the masses, I have a bridge you might be interested in buying once you finish drinking that Kool-aid.

      Fear is indeed a problem we need to be 'protected from' when it is manufactured, packaged and delivered to achieve a political aim.

      If it helps, I will Godwin this page right now and direct you to the Nazi and Stalinist propaganda of last century. According to your perspective, I'm guessing that's A-OK to be mass distributed to the populace?

      Don't be a gullible rube who swallows Uncle Tony's line about this being about protecting 'battlers'. He's never even MET one. This is about protecting extremely rich conservative media moguls who want complete freedom to produce sheer propaganda (above and beyond the current level) that supports an extremist right wing perspective.

      You know, 'Fair and balanced'.

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  14. Tony P Grant

    Neo-Mort

    The body language..."I hear what you say but you really do stink"?

    Such "shots' are usually taken with Labor politicians.

    This is a classic " eyes closed, nosed pinched"....I will use this photo!

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  15. Comment removed by moderator.

    1. Dave Satterthwaite

      logged in via Facebook

      In reply to Gil Hardwick

      Now Gil, I have nothing against conservatives, beyond pointing out that they all drink the blood of babies and sacrifice household pets to their Dark Lord, but I do think there needs to be a frank and open discussion about the possibility that their nefarious alleged partnership with the Freemasons and the Illuminati are part of a global Zionist conspiracy.

      I'm not taking sides here, just pointing out the obvious fact that the reverse vampires and the saucer people are nowhere near as dastardly as the conservative/freemason alliance and their chemtrails.

      Am I doing it right?

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  16. John Harland

    bicycle technician

    As long as the law supports Jews accusing Arabs of anti-Semitism, it will have little credibility.

    Likewise. as long as Scientology can hide behind the pretence of its being a religion.

    It's a nice idea but it needs a lot more work.

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  17. Philip Dowling

    IT teacher

    "the Asian and Muslim communities"
    The author implies that being Muslim and Asian are mutually exclusive or this sentence is clumsily constructed.
    As for his claim about Barry O'Farrell successfully wooing these voters, I would refer him the current electoral maps of Sydney and census data.
    When supposed learned people try to make a case, I expect them to get all their facts correct.
    If they are unable or unwilling to do so,it leads one to suspect their motives.

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