Racial Vilification and Freedom of Speech in Australia and Elsewhere

This paper considers s18C of the Racial Discrimination Act 1975 (Cth), commonly known as the anti-religious vilification law. Though the section may have laudable aims, it captures a broad range of speech, including speech that is 'offensive'. There is serious doubt as to whether legislation of this kind will achieve its objectives, and it may have a significant chilling effect on speech. It may be constitutionally invalid, given its impact on the implied freedom of political communication. The paper considers how such speech has been regulated elsewhere.