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You can find the current article at its original source at https://www.theguardian.com/australia-news/2017/sep/12/coalition-party-room-to-consider-laws-to-prevent-vilification-in-marriage-equality-debate
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| Coalition MPs consider new protections for same-sex marriage survey as forms go out | |
| (about 2 hours later) | |
| New rules governing the same-sex marriage postal survey, including a ban on material that incites hatred, serious contempt or severe ridicule of protected groups, will go to the Coalition party room on Tuesday after negotiations with Labor and the Greens. | New rules governing the same-sex marriage postal survey, including a ban on material that incites hatred, serious contempt or severe ridicule of protected groups, will go to the Coalition party room on Tuesday after negotiations with Labor and the Greens. |
| Under the proposal, based on New South Wales laws, vilification of people due to their sexuality would be prohibited by a rule based on general community standards. | Under the proposal, based on New South Wales laws, vilification of people due to their sexuality would be prohibited by a rule based on general community standards. |
| A bill to set ground rules for the postal survey will be introduced into parliament as the Australian Bureau of Statistics begins mailing out survey forms on Tuesday. | A bill to set ground rules for the postal survey will be introduced into parliament as the Australian Bureau of Statistics begins mailing out survey forms on Tuesday. |
| The first look at survey forms, released on Monday, shows that in addition to asking “should the law be changed to allow same-sex couples to marry”, it will urge Australians to return their forms “straight away ... today if you can!” | The first look at survey forms, released on Monday, shows that in addition to asking “should the law be changed to allow same-sex couples to marry”, it will urge Australians to return their forms “straight away ... today if you can!” |
| Forms will be sent to the hardest to reach locations first, with the aim of all 16m ballot papers being received by 22 September, and 25 September at the latest. Survey participants are instructed to return their forms by 27 October but the ABS will accept forms until 7 November. | |
| The government started with a position of providing only the basic provisions in electoral law on the authorisation of advertisements and banning misleading information about the process of voting, fraud, bribery and intimidation. | The government started with a position of providing only the basic provisions in electoral law on the authorisation of advertisements and banning misleading information about the process of voting, fraud, bribery and intimidation. |
| But Labor and the Greens – both opponents of the postal survey process – have sought additional protections, including a ban on vilification. | But Labor and the Greens – both opponents of the postal survey process – have sought additional protections, including a ban on vilification. |
| The NSW law being used as a model bans “[incitement of] hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the homosexuality of the person or members of the group”. | The NSW law being used as a model bans “[incitement of] hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the homosexuality of the person or members of the group”. |
| It contains limited exceptions for fair media reports, communications to which defamation law defences apply and acts done in “good faith” for the public interest, including community debate. | It contains limited exceptions for fair media reports, communications to which defamation law defences apply and acts done in “good faith” for the public interest, including community debate. |
| Similar laws exist in Queensland, the Australian Capital Territory and Tasmania but there is no federal equivalent. | Similar laws exist in Queensland, the Australian Capital Territory and Tasmania but there is no federal equivalent. |
| A University of Queensland free speech expert, Prof Katharine Gelber, said the law does not require that speech “actually incited hatred, rather that the conduct was capable of inciting [it]”. | A University of Queensland free speech expert, Prof Katharine Gelber, said the law does not require that speech “actually incited hatred, rather that the conduct was capable of inciting [it]”. |
| Gelber said that – unlike the “infamous” section 18C of the Racial Discrimination Act – the test for vilification is not the experience of the group targeted but the standard of the broader community. | Gelber said that – unlike the “infamous” section 18C of the Racial Discrimination Act – the test for vilification is not the experience of the group targeted but the standard of the broader community. |
| “It’s judged according to the standard of an ordinary reasonable member of the audience at which speech was directed,” Gelber said. | “It’s judged according to the standard of an ordinary reasonable member of the audience at which speech was directed,” Gelber said. |
| Homophobic material that has already surfaced in the campaign includes leaflets labelling homosexuality a “curse of death” as well as posters urging voters to “stop the fags” and falsely claiming 92% of children of gay parents suffer abuse. | Homophobic material that has already surfaced in the campaign includes leaflets labelling homosexuality a “curse of death” as well as posters urging voters to “stop the fags” and falsely claiming 92% of children of gay parents suffer abuse. |
| Gelber said it was “very likely” crude epithets like “stop the fags” would be found to be vilification, as would material “stereotyping almost an entire group as child abusers”. | Gelber said it was “very likely” crude epithets like “stop the fags” would be found to be vilification, as would material “stereotyping almost an entire group as child abusers”. |
| In 2013 the NSW Administrative Decisions Tribunal ordered an election candidate to apologise for saying he “did not want gays, lesbians or paedophiles to be working in my kindergarten”. | In 2013 the NSW Administrative Decisions Tribunal ordered an election candidate to apologise for saying he “did not want gays, lesbians or paedophiles to be working in my kindergarten”. |
| Coalition for Marriage ads linking same-sex marriage to gender education of children were “part and parcel of normal debate”, Gelber said. Even factually incorrect claims that marriage equality encouraged gender fluidity would not amount to vilification. | Coalition for Marriage ads linking same-sex marriage to gender education of children were “part and parcel of normal debate”, Gelber said. Even factually incorrect claims that marriage equality encouraged gender fluidity would not amount to vilification. |
| “It is possible to oppose marriage equality and not to vilify people ... It’s not about whether you agree with something or not, it’s about whether it enacts discrimination.” | “It is possible to oppose marriage equality and not to vilify people ... It’s not about whether you agree with something or not, it’s about whether it enacts discrimination.” |
| On Monday conservative MPs including Andrew Hastie complained about a facetious question posed on social media by the writer Benjamin Law about whether “anti-gay MPs” should be “hate fucked”. | On Monday conservative MPs including Andrew Hastie complained about a facetious question posed on social media by the writer Benjamin Law about whether “anti-gay MPs” should be “hate fucked”. |
| Gelber said the comment was “ill thought through” but unlikely to amount to vilification because it was “directed at conservative politicians and there is no evidence they are discriminated against” or likely to suffer hatred, ridicule or contempt as a result. | Gelber said the comment was “ill thought through” but unlikely to amount to vilification because it was “directed at conservative politicians and there is no evidence they are discriminated against” or likely to suffer hatred, ridicule or contempt as a result. |
| The no side has also complained about the Dads4Kids’ father’s day ad requiring a political authorisation, and a petition, since taken down, to review the medical qualification of no campaigner Pansy Lai. | The no side has also complained about the Dads4Kids’ father’s day ad requiring a political authorisation, and a petition, since taken down, to review the medical qualification of no campaigner Pansy Lai. |
| On Monday the National Mental Health Commission expressed “concerns about the detrimental mental health impacts of the marriage equality debate”. | On Monday the National Mental Health Commission expressed “concerns about the detrimental mental health impacts of the marriage equality debate”. |
| The Nationals senator Matt Canavan responded that people should “stop being delicate little flowers and have a proper debate”. | The Nationals senator Matt Canavan responded that people should “stop being delicate little flowers and have a proper debate”. |
| “Can’t we all just grow a spine and grow up? The debate hasn’t been that bad,” he said. “Indeed if there’s any complaints to be had it’s from those who advocate a yes vote. [Look at] some of the vile tweets and statements we’ve had from yes campaigners.” | “Can’t we all just grow a spine and grow up? The debate hasn’t been that bad,” he said. “Indeed if there’s any complaints to be had it’s from those who advocate a yes vote. [Look at] some of the vile tweets and statements we’ve had from yes campaigners.” |