The Federation of Australian Buddhist Councils (FABC)’s Statement on the proposed change to Section 18C of the Racial Discrimination Act (RDA)
The FABC does not support any change to Section18C of the RDA.
The FABC supports right speech which is part of the teachings of the Buddha.
The FABC is of the view that there should be a balance between freedom of expression and the freedom to be protected from speech which offends, insults, humiliates or intimidates someone because of his or her race.
No freedom is absolute and the freedom of expression should not override the freedom to be protected from racially offensive behaviour.
The FABC is of the view that the section18C in its current form read together with section 18D provides the right balance.
Section 18C makes it unlawful to do an act which is reasonably likely, in all the circumstances, to ‘offend, insult, humiliate or intimidate' someone because of his or her race.
Section18D protects any fair comment or reporting on a matter of public interest, and any sentiment expressed ‘in the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose’.
18C in its current form is necessary to protect vulnerable people from harm caused by racially offensive behaviour. Harm can be both physical and psychological including depression and suicide which is a form of bullying and should not be acceptable.
Given the broad protection in the section 18D exemptions, the FABC is of the view that it is not necessary to amend section 18C by removing the words “offend” and “insult” or dilute section18C in any other way.
Cecilia Mitra LLB Hons (Singapore) LLM (UWA)
President
Federation of Australian Buddhist Councils (FABC)