So Far No Good: The Regulatory Failure of Criminal Racial Vilification Laws in Australia
(2006) 17 PLR 209
24 Pages Posted: 17 Jul 2015
Date Written: November 2005
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 It considers that the current models are fundamentally flawed and ought to be repealed, arguing, instead, for a particular kind of penalty enhancement statute.
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