NO OFFENCE INTENDED
WHY 18C IS WRONG
Joshua Forrester
Lorraine Finlay
Augusto Zimmermann
Binding: Paperback
Pages 270 pages
Price: $39.95
Release Date: April 1st, 2016
ISBN 9781925138986
From its inception, s 18C of the Racial
Discrimination Act 1975 (Cth) has been controversial. This law makes unlawful
any act reasonably likely to offend, insult, humiliate or intimidate another
person or group of people because of their race, colour, nationality or
ethnicity. Serious concerns have been raised about s 18C’s effect on freedom of
expression.
In this book, the authors argue that s 18C
is too broad and too vague to be constitutional. They argue that relevant
international treaties do not support the sweeping scope of s 18C. Further,
they argue that s 18C’s breadth and complexity impermissibly infringes the
freedom of communication about government and political matters implied from
the Commonwealth Constitution. In the course of their argument, the authors
also cover issues relevant to Australia’s common law legal tradition and
liberal democratic heritage. This book makes a timely contribution to the fight
for freedom of expression in Australia.
Joshua Forrester: BA (Hons) (Murd), LLB
(Hons) (UWA), PhD Candidate (Murdoch).
Lorraine Finlay: BA (UWA), LLB (UWA), LLM
(NUS), LLM (NYU), Lecturer in Constitutional Law, Murdoch Law School.
Augusto Zimmermann: LLB (Hons), LLM cum
laude, PhD (Mon) Senior Lecturer in Constitutional Law and Legal Theory,
Murdoch Law School; Law Reform Commissioner, Law Reform Commission of Western
Australia; Professor of Law (adjunct), University of Notre Dame Australia,
Sydney.
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