By Katharine Gelber

This booklet proposes an unique coverage framework for addressing hate speech. Gelber argues coverage designed to supply help to affected teams and groups to permit them to talk again whilst hate speech happens, is a extra priceless method of addressing the harms of hate speech than punitive measures. She means that “speaking again” permits the affected teams to contradict the messages inside the phrases of the detest audio system, and to counteract the silencing, disempowering and marginalising results of hate speech. Gelber’s argument uniquely synthesises the information of protecting the significance of partaking in speech, recognising the harms of hate speech and acknowledging that precise teams may possibly require information to reply.

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Extra resources for Speaking Back: The Free Speech versus Hate Speech Debate

Sample text

Ridicule was defined as “words or actions intended to excite contemptuous laughter at a person or thing; derision”. Contempt and ridicule were to be read in the context of the intensifying adjectives “serious” and “severe” respectively. As a result, the threshold required for the ADB or the Tribunal to uphold a complaint as harmful, and therefore actionable, is relatively high (and is hereinafter referred to as the “hatred threshold”) (see also Hennessy and Smith 1994). Also, in Harou-Sourdon, the Tribunal adopted an objective standard to determine whether an utterance was considered an offence.

A further procedural limitation is the “with knowledge” qualification which applies to the distribution or dissemination of written material within NSW. The NSW legislation states that in order to commit the offence of racial vilification, the distributor must have possessed knowledge that the material promoted or expressed hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of race. For example, in Case M a complaint was lodged against a fundamentalist Christian group distributing cartoon pamphlets in NSW.

For example, it may be possible to identify the prevention of racist slurs (such as blaming “ethnics” for crime in a pamphlet advocating reduced immigration; Case D in the empirical study) within an entire community as directly conducive to the self-development of the intended victims of those slurs, and indirectly conducive to the self-development of all within the community via the promotion of tolerance. It has been argued that, despite its flaws of application, the argument from 31 32 Speaking Back self-development persists for pragmatic reasons.

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