Failing to sell in the 'marketplace of ideas': Ideology and politics in the free speech debate
Harj Narulla · Human Rights Defender · 2014
The recent back down by the Abbott Government on proposed changes to the Racial Discrimination Act 1975 (Cth) has uncovered the ideological motivations behind the reform. Faced with opposition by nine out of ten Australians, the Government was forced to drop proposals which would have seen the repeal of ss 18B, 18C, 18D and 18E, and replacement with extremely broad exemptions to newly narrowed grounds of racial vilification. The reform was predicated upon an argument which positioned itself as advancing the cause of free speech in Australia by removing laws making it an offence to 'offend, insult [or] humiliate' a person on the basis of their 'race, colour or national or ethnic origin'. However, this argument relies upon a particular understanding of the balance between freedom of expression and protection from offensive speech that is dismissive of the normative claims of groups to be free from racial discrimination. I will explore the contours of this libertarian ideology by first describing the current balance between free speech and protection from offensive speech, before critiquing the 'marketplace of ideas' concept that was central to the reasoning of prominent supporters Commonwealth Attorney-General George Brandis, and Human Rights Commissioner Tim Wilson.