Australia’s 1975 Racial Discrimination Act, in section 18c, makes it illegal to cause someone else to feel offense if that offense is racially based. In effect this means that incorrect thinking will be banned. There are a few “exceptions” in 18d, but that is an affirmative defense where one must show that the statement was made in “good faith” and was not a “lie.”

A recent case where a man, Andrew Bolt, was found guilty of giving racial offense and “lying” by simply saying that some people who call themselves “aborigine” are mostly racially and culturally not “aborigine” and that is was ridiculous that they should put themselves forward as leaders of the “aborigine” people. Apparently, that that the targets of his belittlement disagreed somehow proved that their opinion was fact, and that those who dissented were thus guilty.
Australia’s Attorney-General wants to change that. Unsurprisingly he is being attacked for saying a person has a right to be a bigot:
“People do have a right to be bigots. In a free country people do have rights to say things that other people find offensive or insulting or bigoted
— Australian Attorney-General George Brandis”
The proposed change, though, does not completely get rid of the restrictions, but rather just restrains the law to cover propagation of hate rather than simply giving offense. The new proposed amendment of the act would also only make statement prosecutable if “an ordinary reasonable member of the Australian community” found it offensive, rather than the standards of any particular group.
This is a minor step forward, but an important one.









