Civil Law and Freedom of Speech in Australia

Running head: ESSAY 0
CIVIL LAW
JUNE 7, 2019
STUDENT DETAILS:

ESSAY 1
Introduction
In recent period, various examples stimulated the racial hatred as well as perception and
frightening physical harms to the individuals or the properties on centre of race has coursed
in Australia. This tendency is simply stated in a theatrical increment in civil grievances
lodged with the Human Rights Commission in Australia claiming racial hatred in the FY
2012-2013. Certain events related to the racial aggression have worsened to real attacks
depended on racial. The progress in the events of provocation to violence and racial hatred
has occurred against the background of extensive central argument on a value of present
commonwealth racial vilification laws1.
The worrying tendency to the racial prejudice as well as hostility, along with the central
argument over offered modifications to the present commonwealth laws handling the racial
vilification, takes in the significant focus various interconnected problems; how the cases are
presently dispensed with in judicial system of Australia at state level as well as central level.
The other question is that is Australia conforming to international judicial duties. The
following parts will argue that various elements validate indicting the functions as particular
hate offences under the federal criminal laws. This essay critically assesses the declaration ‘In
Australian law, there are the robust rights to freedom of speech pursuant to Commonwealth
Constitution, nevertheless restriction over hate speech as per anti-vilification law.’
Right to Freedom of Speech in Western Australia
The freedom of speech is an idea related to the intrinsic human right to voice the view of
someone openly without the threat of restriction and punishments. The speech is not
restricted to public language and is usually accepted to involve different methods of the
1 Gillia Whitlock.. Keloid Geography: The Year in Australia. (Oxford University press, 2017)

ESSAY 2
expression. The right is conserved in United Nations Universal announcement of Human
Rights as well as is provided official gratitude by the law of different countries. Nonetheless,
a level to that the right is supported in practices differs critically from one country to other
country. In various countries, specifically those with controlling methods of the government,
evident government restrictionis imposed. Restriction has also entitled to take place in
different methods and there are various strategies to the problems like hate
speech, defamation law, and offensiveness.
Section 16 of the Human Rights Act 2004 declares about freedom of expression. Section
16(1)2 of Human Rights Act 2004 addresses that all persons have rights to keep the opinion
without the interferences. Further, according to section 16(2) of the Human Rights Act 2004,
all people have right to freedom of expression. A right to freedom of expression involves
freedom for looking for, get, and communicate data as well as concepts of all the children,
irrespective of boarder, whether verbally, in script or in print, by the art’s manner, or within
different manner selected through her and him. Additionally, section 15 of the charter of
Human Rights and Responsibilities Act 2006 also addresses the freedom of expression.
According to section 15 (1) of the act all the individuals have right to keep the views without
intervention. As per the section 15(2) of Act3, every individual has right of freedom that the
freedom to pursue, attain, and convey data as well as all types of concepts, whether in or out
of Victoria and whether in print or writing, or by process of art, in oral or in some different
means selected by people. In addition, the particular obligations and accountabilities are
connected to right of freedom of expression as well as rights can be the matters of legal
prohibitions properly essential to respect the right and status of other people or to protect the
security of central protection, public health and order or general morality4.
2 The Human Rights Act 2004
3 The charter of Human Rights and Responsibilities Act 2006
4 Timothy Arnold-Moore. Protecting religious freedom under Australian law. (Springer, 2018)