SPEECH TO THE CYBER RACISM SUMMIT

Sydney

Tuesday, 27 April 2010

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First, may I acknowledge the traditional owners of the land we meet on – and pay my respects to their elders, both past and present.

Thank you to the Australian Human Rights Commission for organising this Summit and for inviting me to open your proceedings.

It is very pleasing to see a range of representatives here: from the internet industry, social networking companies, youth organisations, community groups and academics. The involvement of so many people today is an indication that we all need to work together in addressing issues associated with the Internet.

The Internet is invaluable and essential tool that is used right across our community. Given the ease of access to information on the internet – one of its key strengths – it does have the potential to be abused however. Addressing problems, like racism, bullying or harassment on the Internet presents significant challenges.

For example, on the one hand, the fundamental principle of freedom of expression is important in Australia. On the other hand, it is also important to ensure that all Australians are protected from vilification, bullying and harassment. Balancing these rights to ensure Australians are protected from fear and harm is of great concern for the Government.

This is why I have asked the Australian Human Rights Commission to undertake further work to tackle racism on the Internet. The Commission has already done important work in recent years to help counter racism and intolerance in our community and I applaud the work of the Commission in this area.

I also acknowledge the importance and relevance of cyber safety initiatives such as the ‘Think U Know’ campaign being pursued by the Minister for Home Affairs, Brendan O’Connor, which has been developed to educate parents, carers and teachers about how to create a safe online experience for our nation's youth. The program, which is now being rolled out across Australia, will raise awareness about how to keep our young people safe online.

Today’s summit is important because it brings key players and stakeholders together to talk about issues, identify problems, and seek solutions.

Today is an opportunity to consider questions such as:

An area of great concern for the Government is racism in the community. The Australian Government strongly condemns offensive behaviour based on racial hatred. Racism of any form, from any individual, is unacceptable in Australian society.

The Racial Discrimination Act 1975 makes public racial vilification on the basis of race, colour, or national or ethnic origin unlawful. Racial vilification covers acts that offend, insult, humiliate or intimidate a person or groups of people.

Importantly, a person belonging to a racial group that is the target of vilification can complain to the Australian Human Rights Commission and the Commission has the power to inquire into and attempt to conciliate complaints of breaches of the Act.

Racial vilification is also unlawful under State and Territory laws and, throughout Australia, racial vilification may constitute a criminal offence if associated with violence or advocating violence.

One of the key questions therefore is whether the range of remedies available under these various laws adequately responds to cyber-racism.

Racism on the Internet

The Australian Human Rights Commission’s analysis of its complaints figures show that cyber-racism is a growing area under the Race Discrimination Act with 18 per cent of racial hatred complaints received by the Commission in 2008-2009 related to racist material on the Internet. This was up from nine per cent in 2007-2008.

Should we conclude from this that racist material published on the Internet is growing through, for example, social networking sites such as Facebook? If that is indeed the case, do we have the right tools and mechanisms to respond to this emerging problem?

Racism, harassment and bullying on the Internet raises an array of human rights issues.

One of the fundamental principles of a democratic society like Australia is freedom of expression. Freedom of expression is a human right that is enjoyed by all Australians and must be protected. However, a right to freedom of expression should not derogate from the rights of people to be treated with equality, dignity and respect.

In this context it may well be appropriate to set some limitation to public expression of hateful material. Of course, these limitations should be reasonable and necessary to achieve an appropriate balance between freedom of expression on the one hand, and the protection of groups and individuals from offensive behaviour, on the other.

All individuals have the right to be treated with civility, dignity and respect, whether it be in school, in the workplace, at the local pub or on the Internet.

Government Action

One of the best ways to deal with any type of racism, bullying or harassment in our community is to stop it from happening in the first place.

The Government takes human rights seriously. We are committed to addressing social disadvantage and protecting marginalised and vulnerable groups within our community.

Last week, I was very pleased to launch Australia’s Human Rights Framework.

The centrepiece of the Framework is a comprehensive suite of education initiatives to ensure all Australians have access to information about human rights. This reflects the key recommendation of the report by the National Human Rights Consultation Committee that education must be 'the highest priority for improving and promoting human rights in Australia.'

The Framework outlines a number of practical, positive initiatives, to enhance human rights education including:

Today, I would encourage you all to share your knowledge and ideas on this important issue.

The Government is committed to tackling racism wherever it occurs and for that reason I look forward to hearing the outcomes of your discussions today.

Thank you.