LAW REFORM COMMISSION’S SEDITION RECOMMENDATIONS A MAJOR STEP FORWARD
May 30, 2006
The National Tertiary Education Union (NTEU) on Tuesday welcomed the Australian Law Reform Commission’s proposed changes to the Federal Government’s sedition laws as a major step in the right direction, but remains concerned that the Commission has stopped short of recommending that the laws be repealed altogether.
“Clearly, the Commission’s proposed changes go a long way to meeting the concerns of NTEU and other groups that have voiced concerns about the potential for the sedition laws to have a chilling effect on freedom of speech,” said Dr Carolyn Allport, NTEU President.
“Since they were proposed last year, NTEU has consistently argued that the sedition laws are out of step with Australia’s status as a modern, pluralistic and tolerant nation. We have been particularly concerned about the potential for academic freedom rights to be caught up in the broader diminution of human rights accompanying the sedition offences.”
“The Commission’s recommendations recognise the significant opposition to the sedition laws that has been expressed by large sections of the community, universities, artists, the media and political parties, including members of the Government’s own back bench.”
“The Union would question, however, whether the changes go far enough and we would urge the Commission to give further consideration to the appropriateness of any laws that impinge on freedom of speech.”
The recommendations, contained in a discussion paper released yesterday as part of the Commission’s inquiry into the sedition laws, include removing the concept of ‘sedition’ from Federal statute books and narrowing the laws to focus only on criminalising speech where it can be proved without doubt that a person has intentionally urged others to use force or violence.
“We welcome the Commission’s proposal to reverse the burden of proof under the law, so that it rests with the prosecution to prove that an accused intentionally urged others to use force and intended that this force or violence should occur.”
“The additional safeguard proposed by the Commission, that a jury must have regard to whether the conduct was done in the course of any statement, publication, discussion or debate made or held for any genuine artistic, academic, scientific or other genuine purpose in the public interest, is also a significant improvement on what currently exists.”
“The Union also supports the Commission’s recommendation that there is no need for Australia to introduce a United Kingdom-style offence of ‘glorification of terrorism’, as this risks forcing such beliefs underground, making them harder to counter.”
“NTEU will be closely examining the details of what the Law Reform Commission is proposing to ensure that they offer sufficient protection for free speech generally and academic freedom in particular.”
Information and Comment:
Dr Carolyn Allport, NTEU President: (03) 9254 1910
Andrew Nette, NTEU Policy and Research Coordinator: (03) 9254 1910