Lawsy gets away with it

[dreamer_easy]

Long-time readers of this LJ will recall my prodding you all to go and complain about shock jck John Laws' unpleasant anti-gay "humour". Alas, AMCA have let him off. I hope he's learnt not to call people "pillow biters", but I suspect that getting away with it will only encourage him, like any bully.

Comments

[zeusgirl.livejournal.com]

Vilify, in Australian law, is kind of like the American concept of a hate crime. (I'm assuming you're in the USA?). It's something like inciting hatred or ridicule against a group of people, like a specific ethnic group, or women, or gay men.

There was a recent case where a Christian pastor was found guilty of vilification because several of his seminars basically said that Muslims were all suicide bombers and such.

I read legal judgements a lot (although I'm no lawyer), and it seems to me that vilification is decided on a case by case basis... that there are guidelines, but there's also a certain amount of subjectivity.

If you're interested, I can try and dig up a few links to vilification cases...

[matthewwolff.livejournal.com]

I see. Ok, then I would have to say that I wouldn't consider what either the broadcaster said, or the pastor in your case, was a "hate crime," as I understand it. How about freedom of speech in Au, would these things not be covered?
Yep, I'm in the USA. I was curious about the differences in the law. Here, the government couldn't stop a person from saying either of those things, but an individual could sue another individual in civil court for slander. On the other hand, a government agency in control of the air waves, in my case the FCC, can fine the company responsible for an individual for irresponsible statements made over the air. This is usually more for violation of decency codes though, then "hate talk."

[zeusgirl.livejournal.com]

Technically, in Australia we don't have constitutionally guaranteed freedom of speech.

Doesn't mean we can't ever say anything nasty about anyone. It just means that we have a little less freedom to be nasty than the Americans do.

[matthewwolff.livejournal.com]

I see. What sort of punishment would a person incur, for instance, if it was judged that they had vilified or incited hatred upon a group of people?

[zeusgirl.livejournal.com]

Depends. Most likely a fine, and a public apology.

F'rinstance, in the case of the Islamic Council of Victoria vs. Catch the Fire Ministries, Catch the Fire were ordered to print very large, prominent apologies in the local newspaper, and publish the apology on their website.

http://www.austlii.edu.au/au/cases/vic/VCAT/2005/1159.html

I think it would be extremely rare that you'd go to prison for vilification or hatred.

[matthewwolff.livejournal.com]

Very interesting. Thanks for sharing!