First detailed examination of racial vilification laws

10-October-2002

A new book will be launched tomorrow (Friday 11 October) which provides the first comprehensive examination of the history and current operation of federal, state and territorial racial vilification laws in Australia.

Regulating Racism: Racial Vilification Laws in Australia, by Associate Professor Luke McNamara of the University of Wollongong's Faculty of Law, is based on detailed analysis of relevant reports, legislation, parliamentary debates, statistical data, and judicial and quasi-judicial decisions.

The book reviews the range of approaches to the legal regulation of racial vilification, which have been adopted in Australia including the creation of criminal offences, statutory torts and grounds of human rights complaint. Regulating

Racism addresses a number of key questions about the origins and operation of racial vilification laws. Why were different legislative models chosen? What are the implications of those choices for victims of racial vilification? What impact have free speech 'rights' and values had on the approach, which Australian law-makers have adopted towards the regulation of racial vilification? How have racial vilification laws been applied and interpreted by human rights agencies, prosecuting authorities, tribunals and courts?

The book evaluates the strengths and weaknesses of the various approaches to the legal regulation of racial vilification, which have been used to date in Australia.

Associate Professor McNamara said: "It makes an important contribution to our understanding of the role and limits of racial vilification laws in a democratic multicultural society."

NSW became the first Australian state to pass legislation outlawing racial vilification in 1989. By 2001 the Commonwealth and the majority of Australian states and territories had followed suit. Regulating Racism: Racial Vilification Laws in Australia is published by the Sydney Institute of Criminology and distributed by Federation Press. ____________________________________

Time and place for launch: 3pm, Friday 11 October in the foyer of the Aboriginal Education Centre, Building 30 (on the upper campus behind the McKinnon Bldg).

For further information: Contact Associate Professor Luke McNamara on 4221 4415.