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http://www.racismnoway.com.au/about-racism/cyber-racism/cyber-racism-laws.html
Cyber racism Laws around cyber racism The Australian state and federal laws which relate to cyber racism are the same Australian laws which apply to racism in general. The information in the section below describes how the individual laws apply may apply to cases of cyber racism.
Federal legislation Serious instances of racism on the Internet may be dealt with under the Commonwealth Criminal Code. However, such cases can be difficult to prosecute, as they require strong proof that there has been an obvious intent to incite violence.
Cyber racism is classified as an act of racism under the Racial Discrimination Act 1975 (RDA). The Australian Human Rights Commission administers the RDA. The major objectives of the RDA are to:
- promote equality before the law for all persons, regardless of their race, colour or national or ethnic origin
- make discrimination against people on the basis of their race, colour, descent or national or ethnic origin unlawful
The Racial Hatred Act 1995 (Cth) amended the RDA by making racially motivated offensive behaviour unlawful. Details of the Racial Hatred Act are at section 18C of the RDA.
Racial hatred or vilification is behaviour using speech, images or writing in public. For example:
- offensive racist comments or drawings in a newspaper, leaflet, website or other publication
- making racist comments on e-forums, blogs, social networking sites
- writing racist graffiti in a public place
- making racist speeches at a public rally or assemblies
- placing racist posters or stickers in a public place
- making racist comments at sporting events to players, spectators, coaches or officials
- making a racially abusive comment, joke, song or gesture in a public place — including shops, workplaces, parks, public transport, and schools.
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