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在网上发布种族歧视言论是违法的
Commonwealth Racial Hatred Act (1995)
The Racial Hatred Act extends the coverage of the Racial Discrimination Act (RDA) to allow people to complain about racially offensive or abusive behaviour. In 1995, the Racial Hatred Act amended the RDA by adding in new laws specifically dealing with racial vilification. The Racial Hatred Act gives effect to some of Australia's obligations under the International Covenant on Civil and Political Rights and the International Convention on the Elimination of All Forms of Racial Discrimination.
The Racial Hatred Act aims to strike a balance between two valued rights - the right to communicate freely and the right to live free from vilification. It covers public acts which are:
done, in whole or in part, because of the race, colour, or national or ethnic origin of a person or group and
reasonably likely in all circumstances to offend, insult, humiliate or intimidate that person or group.
In order to protect freedom of speech, under the Act the following things are not unlawful if "done reasonably and in good faith":
an artistic work or performance
an academic or scientific publication, discussion or debate
a fair and accurate report on a matter of public interest
a fair comment if the comment is an expression of a person's genuine belief.
In bringing a complaint, the complainant is responsible for proving that the act was done in public, that it was done because of his or her ethnicity and that it was reasonably likely to offend, insult, humiliate or intimidate a reasonable person of that ethnicity. In claiming an exception, the respondent is responsible for establishing that the act was a genuine exception and that it was done reasonably and in good faith. |
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