Roxon climbs down on 'offends and insults' law

Updated

Attorney-General Nicola Roxon has moved to scrap a controversial element of the Government's proposed anti-discrimination laws amid a public backlash over concerns it could limit free speech.

Ms Roxon has asked her department to redraft sections of the legislation to remove a clause that would have prohibited conduct that "offends or insults".

"It seems to me clear that there are better options than the one that's being proposed and we'll take it forward from there." Ms Roxon told AM.

"There are different ways to consolidate this law and we certainly are not trying to encroach on existing protections for freedom of speech."

The Government is trying to simplify the existing anti-discrimination laws by merging them into one bill, so that there is a clearer definition of what behaviour is considered unacceptable and how people can make complaints.

But the exposure draft legislation prompted widespread concern, including from Australian Human Rights Commissioner Gillian Triggs, who suggested that particular elements had probably gone too far and should be dumped in order to protect the thrust of the remaining changes.

A Senate committee looking into the proposal has received nearly 600 submissions and has already begun public hearings.

Australia's largest media organisations, including the ABC, Fairfax and News Limited, made a joint submission to the inquiry arguing against the inclusion of material that "offends or insults" in the anti-discrimination provisions.

It said many media organisations publish or broadcast material that some members of the public will find offensive at times, ranging from satirical programming to political commentary.

"Whilst these, and similar topics, may be offensive or insulting to some viewers, this does not make them discriminatory," the media organisations argued.

"Rather, the inclusion of such content within the national conversation is essential for fostering robust social and political debate, and therefore to ensuring a healthy democracy."

Shadow attorney-general George Brandis said the proposed laws amounted to an attempt to shut down controversial debates.

Fellow Coalition frontbencher Malcolm Turnbull has welcomed Ms Roxon's decision to back down on elements of the bill.

"I'm sure everyone who cares about free speech, which is almost all Australians, would be very pleased that she's recognised that the bill that she was proposing was outrageous," Mr Turnbull told AM.

"We all are concerned to ensure that Australia is a harmonious society and that there isn't hate speech being perpetrated and so forth, but this was a very ill-considered piece of legislation."

Ms Roxon says the proposed legislation was released for public consultation for the very purpose of making sure the changes were properly considered and appropriate.

She says the Government never had any intention of extending the reach of existing anti-discrimination legislation.

Topics: federal-government, government-and-politics, law-crime-and-justice, human, laws, australia

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