Speech acts : Is racial vilification a form of racial discrimination?

Journal article


Swannie, William. (2020). Speech acts : Is racial vilification a form of racial discrimination? Adelaide Law Review. 41(1), pp. 179-216.
AuthorsSwannie, William
Abstract

This article examines three issues concerning the relationship between racially offensive speech and laws prohibiting racial discrimination. First, it examines whether there is an overlap between the provisions of pt II of the Racial Discrimination Act 1975 (Cth) (‘RDA’) (which prohibits various forms of racial discrimination), and pt IIA (which prohibits racial vilification). It examines two decisions of the Federal Court of Australia, in which the Court held that racially offensive speech may, in certain circumstances, infringe pt II of the RDA. Second, it examines whether prohibitions on racial vilification are underpinned by the same values as laws prohibiting racial discrimination. The article determines that respect for individual autonomy and dignity underpins both sets of laws, and that racial vilification laws can be regarded as an aspect of the prohibition on racial discrimination. Third, the article argues that the distinction between conduct and speech is not tenable, and that racial vilification can simply be regarded as a form of harmful conduct. Therefore, courts should focus on the effects of such conduct, particularly on its targets, rather than the motives of respondents or the importance of disseminating ‘ideas’.

Year2020
JournalAdelaide Law Review
Journal citation41 (1), pp. 179-216
PublisherAdelaide Law Review Association
ISSN0065-1915
Web address (URL)https://heinonline.org/HOL/P?h=hein.journals/adelrev41&i=186
Page range179-216
Publisher's version
License
All rights reserved
File Access Level
Controlled
Output statusPublished
Publication dates
Online2020
Publication process dates
Deposited08 Jun 2023
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https://acuresearchbank.acu.edu.au/item/8z200/speech-acts-is-racial-vilification-a-form-of-racial-discrimination

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