The Artistic Speech Exemption in Australian Racial Discrimination Regulation

Media and Arts Law Review, Forthcoming

29 Pages Posted: 22 Jun 2018

See all articles by Jani McCutcheon

Jani McCutcheon

The University of Western Australia Law School

Date Written: May 19, 2018

Abstract

This article considers the exemption in s 18D of the Australian Racial Discrimination Act 1975 (Cth) in the context of artistic speech. Section 18D exempts racially motivated and offensive speech which would otherwise contravene s 18C of that Act as prohibited racist speech Artistic expression therefore occupies a privileged place in Australian racist speech regulation. This article is the first to explore the rationale for the artistic exemption, and to comprehensively consider its meaning, scope and contours. These issues are examined with reference to a number of cases. While the discussion is limited to the Australian Racial Discrimination Act, the observations will have relevance in many other jurisdictions containing similar exemptions.

Suggested Citation

McCutcheon, Jani, The Artistic Speech Exemption in Australian Racial Discrimination Regulation (May 19, 2018). Media and Arts Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3181165

Jani McCutcheon (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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