There are two major laws that make racial abuse illegal in Australia. It is illegal to vilify a person or group based on their race or religion, in relation to public behaviour (not personal belief).
Vilification means inciting or encouraging hatred, serious contempt, revulsion or severe ridicule against someone else, or a group of people because of their race or religion.
It is illegal to behave in a racially offensive or abusive manner because of someone’s race, colour, nationality or ethnic group, in public. That means you can do as you wish in private (behind closed doors, within normal laws), but the minute you step out the door, new rules apply. For example, it is illegal to shout a racist name at someone down the street, refuse service to someone based on race or religion, and to encourage others to treat someone badly.
If you have found yourself involved in a case where accusations of racial or religious vilification are involved, contact Vanessa Ash for expert legal advice.
What does racial or religious vilification mean?
- Making racist comments – that can be online, email, print, social media
- Publicly, at a meeting or public rally, inciting hatred or people from a certain race or religion
- Writing racist graffiti, racist stickers, or posters
What doesn’t it cover? (Exceptions)
- You can say or do what you like (within other laws) in private – if you are having a conversation that others are not intended to overhear
- You can demonstrate racism in an artistic work or a performance
- In the public interest, you can make a statement, publication, discussion or debate
- You can make a fair and accurate report in the media, so long as it is done in good faith.
What the law states specifically
The Racial Discrimination Act of 1975 states that it is illegal to do an act in public that is based on race, colour, national or ethnic origin (of a person), and likely to offend, insult or humiliate that person or group of people. This law is Australia-wide.
Unlawful acts include:
- Racially-based abuse or harassment
- Racially-biased reporting
- Using offensive racial stereotypes or making racial comments in the media
- Racist graffiti in public places
- Racist speeches at public rallies, and to an audience
- Any placement of racist posters or stickers in public places
What does ‘public place’ mean?
Shops, streets, place of employment, public transport and sporting arenas all count as public places. Other less obvious, but no less public, places include newspapers, media, pamphlets, brochures, TV, radio, and the internet.
If you are involved in a case involving racial discrimination, Vanessa Ash can help by offering you a pathway forward, with the help of whatever government agencies are necessary to have your case heard, and your side of the story told.
Write your own story. Call Vanessa Ash and Associates today.