The provisions seek to offer legislative protection to the most vulnerable and marginalised members of our society - our indigenous population, culturally and ethnically diverse communities and religious minority groups.

Whilst in the past politicians, particularly in the lead up to an election, have sought to indirectly play on the public's fears, Senator Brandis's comments have taken it to a whole new level. This is the first time that I can recall, where a Senior Minister has directly endorsed (and thereby encouraged) having bigoted views. There's no reading between the lines here - Brandis has specifically said that “people have the right to be bigots, you know.” This is somewhat unprecedented.

What's concerning is that these remarks are not coming from some rogue back bencher (such as Senator Cory Bernardi), but rather from our nation's top law maker.

As Western nations, we pride ourselves on emerging out of the darkness of our tainted histories, it seems however with its recent track record, the Abbott Government is hell bent on pulling us back into the dark era.

Whilst Abbott and Brandis keep reiterating that people have a right to make comments that upset or offend people, it is important to consider the position of the individual who makes the comments in question. Central to the debate is the fact that there is almost always a power imbalance between the person(s) who make the offending remarks and those whom the remarks are aimed at. This is clear when you take a look at the groups of people who have sought protection under s18C. They mostly come from marginalised, minority communities and they do not, under any stretch of the imagination, stand on an equal footing with their perpetrators.