Racial Hate:
A person who subjects another person to racially offensive behaviour is primarily responsible for his or her behaviour. However, employers can be held responsible – or vicariously liable – for acts of racial hatred by their employees or agents.
The RDA aims to strike a balance between freedom of speech and the right to live free from racial hatred or vilification.
To strike this balance, the Racial Discrimination Act (‘RDA’) outlines some things that are not against the law, provided they are ‘done reasonably and in good faith’ – even if they are done in public.
Under the RDA, the things that are not against the law if they are “done reasonably and in good faith” are:
- An artistic work or performance – for example, a play in which racially offensive attitudes are expressed by a character
- A statement, publication, discussion or debate made for genuine academic or scientific purposes – for example, discussing and debating public policy such as immigration, multiculturalism or special measures for particular groups
- Making a fair and accurate report on a matter of public interest – for example, a fair report in a newspaper about racially offensive conduct
- Making a fair comment, if the comment is an expression of a person’s genuine belief.
The information above is thanks to: The Australian Human Rights Commission