Senator Ralph Babet’s Bill to Protect Free Speech: The Constitutional Addition We Need! By Paul Walker
Australia needs a "voice," but not the one defeated in the referendum; the "voice" must be everyone's voice to speak freely. This right would not be to enable harassment or bullying, but to make political and full social comments, the sort of freedom that J. S. Mill defended in On Liberty (1859). It would mirror the US First Amendment right.
Background: In the wake of the Australian government's recent enactment of stringent hate speech laws, a Bill has been introduced to enshrine freedom of speech within the Australian Constitution. This legislative initiative aims to ensure that no state or federal law can infringe upon the fundamental right to free expression, including freedom of the press and other media. Senator Ralph Babet of the United Australia Party, a true conservative, introduced the Bill, emphasizing the urgency of protecting a right that Australians often assume is already safeguarded, but is not. He expressed concern that the right to free speech has been progressively eroded by laws at both state and federal levels that restrict rather than protect it.
Unlike the United States, Australia lacks explicit constitutional protections for free speech, although the High Court has recognized freedom of political communication. The recent passage of federal hate speech laws, which expanded and strengthened existing prohibitions on incitement to violence and the display of hate symbols, has raised concerns among free speech advocates. These laws lower the threshold for incitement convictions from "intent" to "recklessness" and broaden the list of protected attributes to include sex, sexual orientation, gender identity, intersex status, and disability, in addition to race and religion. They also introduce mandatory minimum sentencing for offenses related to hate symbols and terrorism. While the government asserts that these measures are necessary to combat hate and violence, we critics argue that they will infringe upon free speech rights.
In response to these developments, the proposed Bill seeks to enshrine freedom of speech in the Constitution, aiming to provide a clear and unambiguous protection against laws that would limit this fundamental right. Senator Babet's initiative reflects a broader debate in Australia about balancing the need to protect individuals and communities from hate speech and discrimination with the imperative to uphold free expression. The outcome of this legislative effort will have significant implications for the future of free speech in Australia; will it survive or die.
In short, adding a freedom of speech clause to the constitution is a change which is needed, but be sure the major parties and the usual suspects will oppose it because none of them want free scrutiny of what they get up to.
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