Not if you’re in Australia and you feel the need to criticize a particular religion or religious group. Under Australia’s Racial and Religious Tolerance Act of 2001, “A person must…
Not if you’re in Australia and you feel the need to criticize a particular religion or religious group. Under Australia’s Racial and Religious Tolerance Act of 2001, “A person must not, on the ground of the religious belief or activity of another person or class of persons engage in conduct that incites hatred against, serious contempt for, or revulsion or severe ridicule of, that other person or class of persons.”
Which sounds like a fine way to prevent people’s feelings from being hurt by nasty people. And, after all, it’s only for the most extreme cases. Except …
There’s a defense for people who, among other things, are “reasonably and in good faith” engaging in “genuine academic, artistic, religious or scientific” commentary, or otherwise acting “in the public interest.” But the Victorian Civil and Administrative Tribunal held two months ago that this defense is available only to those who speak “reasonabl[y]” and who “honestly and conscientiously endeavour to have regard to and minimise the harm [the speech] . . . will . . . inflict,” as opposed to “us[ing the freedom of speech] as a cover to offend, insult, humiliate or intimidate people.”
Among other things, speech that isn’t “a fair representation of [another group’s] religious beliefs” is punishable, as is speech that fails to “distinguish between moderate and extremist” members of a religion. Likewise, the tribunal seemed particularly troubled by speech that “mock[s] what [members of a religious group believe,” or “repeatly invoke[s] laughter from the audience when describing apparent [religious] beliefs.”
See — freedom of speech is a cover. Nifty.
While acknowledging that there is no right that is absolute (the famous “shouting fire in a crowded theater” and slander exceptions being noteworthy in American jurisprudence), freedoms are not freedoms if they are only available when reasonably used. By their very nature, far too many of the words in the Australian statute are open to interpretation, and the tribunal’s ruling shows just what that means: you’re free to speak, so long as it’s “reasonable” and “conscientious” and tries to “minimize harm.”
That’s not freedom of speech. That’s freedom to be polite.
And by its very nature, discussion of religion is likely to stir up a lot of emotions, both among those who speak in criticism of a particular doctrine, faith, or theism in general, and amongst those being criticized in turn. Telling folks that a judge will decide whether said criticism is duly careful and reasonable not only encourages folks to be overly-offended by speech against their religion, it further chills speech by making people second-guess themselves.
Just imagine, in this country, if …
… you couldn’t call Jerry Falwell’s a horse’s patootie for his talking about how 9/11 was God’s retribution on American society’s tolerance for gays and abortion and the like.
… you couldn’t criticize those crazy religionists for believing in some crazy guy up in the sky and using that delusion as a basis for passing laws.
… you couldn’t criticize those crazy atheists for not seeing the plain and obvious presence of the Lord in the world about us.
… you couldn’t criticize the Catholic Church for the child molestation scandal.
… you couldn’t criticize Islamic fundamentalists.
… you couldn’t criticize Zionists.
… you couldn’t criticize anti-Semites.
… you couldn’t criticize White Supremacists who drape their beliefs in religious trappings.
I mean, there’s a ton of opportunities here for everyone to hate (so to speak) a law like this, because not only can practically any personal ideology be pointed back to a “religious” belief (including atheism), but anyone can cry “I’ve been hurt! I’ve been offended! I’ve been subjected to words that cause contempt and severe ridicule of me by an unreasonable person who didn’t try to minimize the hurt of their words, and who didn’t realize the difference between my moderate faith and some unfortunate extremists who are lumped along with me!” … and there’s always a chance that some judge will agree with them.
I hate hate speech. But the growing move in other “free” countries (less so in the US, mercifully, but not entirely absent) to restrict speech that someone might consider hateful is, to me, much more of a threat than any lunatic hurling vile insults.
(via DOF)