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ARTICLE · 09 FEBRUARY 2015

Would Charlie Hebdo be illegal in Australia under the Racial Discrimination Act?

As the law in Australia stands, it seems unlikely that cartoons like those in Charlie Hebdo would be censored.

AustraliaMedia, Telecoms, IT, Entertainment

According to Human Rights Commissioner Tim Wilson, many of the Charlie Hebdo cartoons would be banned in Australia due to the controversial section 18C of the Racial Discrimination Act. However, upon further reading of the Act and the relevant case law it seems that court ordered censorship of any cartoonists' works is quite unlikely to occur.

Section 18C makes it unlawful for a person to do something in public that is reasonably likely to offend, insult, humiliate or intimidate another person or a group of people because of their race, colour or national or ethnic origin. On the surface, this appears to support Wilson's comments made to ABC Radio on 13 January 2015 that "there is no ambiguity that Charlie Hebdo would be censored in Australia". However, the ambiguity arises out of section 18D. This section exempts certain acts, including artistic work, that are done reasonably and in good faith.

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