Racial vilification and freedom of speech in Australia and elsewhere

Abstract

This paper considers the constitutionality of so-called racial vilification provisions in the Racial Discrimination Act 1975 (Cth) used recently in relation to controversial comments by media commentator Andrew Bolt. It compares how similar provisions have been considered in other jurisdictions. The Australian Constitution provides limited protection for free speech, and the article argues that using such provisions, racial vilification laws are vulnerable to a constitutional challenge.