March (30)
Everyone wins my way on
the 18c
Background
The
Abbott Liberal government through the auspices of the esteemed
Attorney General George Brandis has been / may be trying to revoke /
change the 18c
Currently
it is [apparently] unlawful to offend, insult, humiliate
or intimidate ...basis race or ethnicity....
''unlawful
to offend, insult, humiliate'' Brandis will try to delete –
replacing with vilify.
This
over – simplistic introduction will have to do. I have my reasons
for writing this at such an unusual time – and demonstrating
brilliant style is not one of them.
The
reader can easily inform himself of the details and respective merits
and demerits of the state of play through the media.
This
background briefing is of little value per se. Except to
suggest that so much rubbish has been written on this that caveat
emptor applies.
Look
at the pathetic editorial in The Australian editorial March 29,2014.
Inexplicable
rubbish: The Oz editor has discredited himself!
OVERVIEW
- My Solution
The
following is merely a cryptic essay; it is plainly an original piece
of work that the best lawyers in the country should have thought of
.###############################################################
THE
POSTULATE:
Let
us assume that a person stands in the city square and screams that
the Hindus prayer book is anti Christian.
And
Hindus are so as well.
The
Hindu leader sues under 18c
##############################################################
HERE
IS MY PROPOSAL: IN SHORTHAND
Leave
18c as it is.
Add
the need for TRUTH to be proven or disproven.
Add
the need for REASONABLENESS ditto.
Possibly
add PUBLIC INTEREST.
Add
the possibility of impugning the MOTIVATIONS / INTEGRITY / PURPOSE
OF PERSON FOR MAKING THE INITIALCOMMENT... ie the person being sued.
################################################################################################################################
1
Leave
18c as it is.
Self
explanatory
2
Add
the need for TRUTH to be proven or disproven.
Really
this is delightfully simple which works both ways. Ie both parties
will think very carefully before initiating the insult or defending
themselves unless they are confident of the outcome.
Indeed
that is the classical disincentive for both entities – so peace
may reign. Which of course is irrelevant.
The
loud mouth will take responsibility and the law will take it's
course.
TRUTH
PROVEN OR DISPROVEN. Just like in defamation / libel.
3
Add
the need for REASONABLENESS ditto.This is a major theme for another day.
4
Possibly
add PUBLIC INTEREST. Similarly - another day....
5
Add
the possibility of impugning the MOTIVATIONS / INTEGRITY / PURPOSE
OF PERSON FOR MAKING THE INITIALCOMMENT... ie the person being sued.
This is one of my major themes in another realm.
No need to go into it - which is a shame.
This
is the crux of it.
If
the initiator has to prove that he is being
REASONABLE,
IS
ACTING IN THE PUBLIC INTEREST,
AND
HAS MOTIVATIONS THAT ARE HONOURABLE –
THEN
MATTERS OF FREEDOM OF SPEECH AND / OROTHER MATTERS OF CURRENT ESSENTIALLY DISSAPPEAR!
NO
MORE DISPUTE CAN BE HAD FROM EITHER / ANY PARTY!
Why has no one thought of this?
And
furthermore let me here nothing from the professional smart alecs who
claim the shallow shabby thing often heard that
how
do you prove good faith?
Or
any derivations that the above throws up?
GUESS
WHAT?
THE
LAW HANDLES THIS EVERY DAY! If some disingenuos twirp decides to
initiate or defend an untenable action – than the consequences will
be extant.
IT
HAS ALWAYS BEEN SO!
Why
should anyone throw up hypothetical problems that in reality not only
does not exist – well, I do not know. See above; it will cost them
– or will be stopped by the judge hopefully.
I
repeat: the above will / would be a brilliantly simple solution by
being a classical disicentive against both the so – called racist
taunt and defence of the indefensible.
Gee
_ I hope I have not made any errors – it is late at night and I
write this as a favour for a party who is involved in matters semi –
related and for my own curiosity if someone disagrees.
Geoff
Seidner Saturday night 29 March 2014