In December I expressed concern about the proposal in the proposed Anti-Discrimination Bill to make it unlawful to offend or insult others. I agreed with ABC Chairman and former New South Wales Chief Justice Jim Spigelman, who said that freedom to offend is integral to free speech and that there is no right not to be offended.
I welcome today’s reports that the Attorney-General is now giving a revised Anti-Discrimination Bill to the Senate Legal and Constitutional Affairs Committee for its consideration. I particularly welcome the fact that section 19(2)(b), which lists “conduct that offends, insults or intimidates”, is to be deleted.
The draft Bill was of course released for public comment, and the fact that the Senate Committee has received 525 submissions shows there has been plenty of public interest in this Bill. The Attorney-General should be congratulated for listening to public concerns.
Like other Australians I will continue to be interested in this issue. In Victoria, for example, for someone to be in breach of the Victorian Racial and Religious Tolerance Act 2001, they must incite hatred against, serious contempt for, revulsion, or severe ridicule. This is much less threatening to freedom of speech than “conduct which offends”, and is worthy of consideration.