So far so good? : A critical evaluation of racial vilification laws in Australia

Problems with Australia's racial vilification laws - s 18C of the Commonwealth's Racial Discrimination Act - free speech and public interest defences under the Racial Discrimination Act as well as State and Territory racial vilification laws - impact of free speech cases on the content of the racial vilification defences.

Regulating history: Australian racial vilification law and history denial

Whether the law can make a reasonable assessment and determination on matters of the historical record - whether current Australian law equips judges and other relevant decision-makers with the analytic and prescriptive tools capable of identifying instances of racial vilification masquerading as bona fide historical scholarship.

So far no good: the regulatory failure of criminal racial vilification laws in Australia

This article considers the efficacy of the two main legislative models in Australia which make racial vilification a crime. To this end, it considers whether the laws are compatible with the protection and promotion of freedom of speech; whether they sit comfortably within the existing criminal law frameworks; and whether the text of the offences is sufficiently clear and precise. It considers that the current models are fundamentally flawed and ought to be repealed, arguing, instead, for a particular kind of penalty enhancement statute.

Social media conflict: platforms for racial vilification, or acts of provocation and citizenship?

Although racism remains an issue for social media sites such as YouTube, this focus often overshadows the site’s productive capacity to generate ‘agonistic publics’ from which expressions of cultural citizenship and solidarity might emerge. This paper examines these issues through two case studies: the recent proliferation of mobile phone video recordings of racist rants on public transport, and racist interactions surrounding the performance of a Maori ‘flash mob’ haka in New Zealand that was recorded and uploaded to YouTube. We contrast these incidents as they are played out primarily through social media, with the case of Australian Football League player Adam Goodes and the broadcast media reaction to a racial slur aimed against him by a crowd member during the AFL’s Indigenous Round. We discuss the prevalence of vitriolic exchange and racial bigotry, but also, and more importantly, the productive and equally aggressive defence of more inclusive and tolerant forms of cultural identification that play out across these different media forms. Drawing on theories of cultural citizenship along with the political theory of Chantal Mouffe, we point to the capacities of YouTube as ‘platform’, and to social media practices, in facilitating ground-up antiracism and generating dynamic, contested and confronting micropublics.

Question: do we need to change the racial discrimination laws?

In light of the Bolt v. Eatock case before the Racial Discrimination Commission, this article discusses calls for Australia's racial vilification laws to be amended to exclude humiliation and embarrassment as grounds for a finding of vilification. 

What is 'political communication'? The rationale and scope of the implied freedom of political communication

The aim of this article is to identify what counts as ‘political communication’ for the purposes of the implied constitutional freedom of political communication. This is done for two reasons. The first is to delimit the scope of the implied freedom. The second is to clarify whether racial vilification is ‘political communication’, which is the initial step that must be taken in order to assess the constitutionality or otherwise of current Australian racial vilification laws. It is, however, necessary and desirable to establish a sound theoretical basis for the implied freedom before these questions can be properly considered. To this end, it is argued that a minimalist model of judicially-protected popular sovereignty underpins the implied freedom and is the rationale that must guide its interpretation and application. The analysis undertaken demonstrates that a generous zone of ‘political communication’ must attract constitutional protection and that racial vilification will in certain circumstances amount to ‘political communication’.

The protection of political communication under the Australian constitution

Compatibility of a law with implied freedom of political communication - application of test of constitutionality outlined in Lange case - argues that two-tier approach be abandoned - if a law regulates the content of a political communication, not its mode, more rigorous judicial scrutiny will follow - should be a single test for constitutionality where application is through the proportionality framework and informed by the rationale of the implied freedom - application to Australian racial vilification laws.

Verbal instruction abolishes fear conditioned to racial out-group faces

Previous research has shown resistance to extinction of fear conditioned to racial out-group faces, suggesting that these stimuli may be subject to prepared fear learning. The current study replicated and extended previous research by using a different racial out-group, and testing the prediction that prepared fear learning is unaffected by verbal instructions. Four groups of Caucasian participants were trained with male in-group (Caucasian) or out-group (Chinese) faces as conditional stimuli; one paired with an electro-tactile shock (CS+) and one presented alone (CS). Before extinction, half the participants were instructed that no more shocks would be presented. Fear conditioning, indexed by larger electrodermal responses to, and blink startle modulation during the CS+, occurred during acquisition in all groups. Resistance to extinction of fear learning was found only in the racial out-group, no instruction condition. Fear conditioned to a racial out-group face was reduced following verbal instructions, contrary to predictions for the nature of prepared fear learning.

Racial/ethnic variations in violence against women : Urban, suburban and rural differences

A large literature shows that violence against women in intimate relationships varies across racial/ethnic groups. However, it is unclear whether such variations differ across urban, suburban, and rural areas. The main objective of this article is to examine this issue using 1992 to 2009 National Crime Victimization Survey data. We also test the hypothesis that racial/ethnic minority women living in rural areas are more likely to be assaulted by their current and former intimate partners than are their urban and suburban counterparts. Contrary to expectations, results indicated virtually no differences in the rates at which urban, suburban, and rural racial/ethnic minority females were victims of intimate violence. The results indicate the great need of additional research into this important topic.