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AUSTRALIA

Freedom of expression for the rest of us

  • 04 April 2014

The repeal of section 18C of the Racial Discrimination Act, which made it unlawful to publish material that offends or insults a person or group on the grounds of race, colour or national or ethnic origin, is good news for people such as Andrew Bolt, after whom these so-called 'Bolt Laws' were named.

Bolt's lawyer in the case in which he was found to have breached Section 18C, has since stated that the changes mean the case would never see the inside of a courtroom. Rather, he writes, those who had been targeted by Bolt would have had to hit back with 'the most powerful weapon of all' — their own free speech.

Of course, unlike Bolt, none of those people have their own daily column and TV show and an audience of millions. For most of us, our exercise of freedom of expression takes the form of public protest and assembly.

How ironic then, that even as Attorney General George Brandis ensures the rights of 'bigots', the rest of us are finding our own rights under threat, as Liberal state governments across the country continue to roll out laws that affect the more marginalised and less privileged among us.

Victoria's new Summary Offences and Sentencing Amendment Bill — better known as the anti-protest law — which recently passed the upper house, significantly expands police 'move-on' powers and, in a blow for anyone who thinks public protest is a vital form of dissent and expression, removes the exemption for political protests.

Police can now issue move on orders (effective for 24 hours) to 'protesters who are blocking access to buildings, obstructing people or traffic, or who are expected to turn violent'. 

Those found breaching the order are subject to arrest, and any who receive more than three in a six-month period (or six in 12 months) risk a 12-month jail term. This has led some to claim the laws are a thinly veiled attack on what remains of Victoria's trade unions, for whom public protest remains a key form of activism. 

Even Victoria's Attorney General Robert Clark has conceded the laws limit 'an individual's right to move freely within Victoria ... and may, in certain circumstances, limit the rights to freedom of expression, and peaceful assembly and freedom of association'.

Community groups are also worried. The Salvation Army warns that increased move-on powers will 'disproportionately affect marginalised young people, people experiencing homelessness, poverty and mental health issues'. Increased exclusion