Reasonable limitations on the right to freedom of expression

PIAC submitted that Part IIA of the Racial Discrimination Act 1975 (Cth) (RDA) does not require amendment. PIAC stated that the evidence from 21 years of operation of this law is that it provides protection against racist hate speech, is an important normative statement of the right to live free of racial discrimination and strikes an appropriate balance with the right to freedom of speech.

PIAC recognised that there may be a case for amending complaint handling provisions to require leave from a court where the President of the Australian Human Rights Commission has found a complaint to be clearly lacking in merit, to have already been dealt with or to have been unduly delayed. However, such an additional hurdle should only be placed in the way of a complainant in clear cases.