Freedom of Speech and Sedition Laws

The President of the Queensland Council for Civil Liberties calls upon the Government to scrap its proposed sedition laws.

Mr Cope said today “It is absurd for the Attorney General to introduce a new law with the promise that within a few months it will be reviewed and probably changed.”

Freedom of Speech is fundamental to human autonomy, dignity and rationality and is a central to our democracy.

Mr Cope says, “In a democracy people are entitled to try to persuade others to even the most extreme views so long as they do it non violently.”

Mr Cope said, “The Council for Civil Liberties has always accepted that incitement of violence is punishable and ought to be so. But there must be a direct link between the incitement and violence. In our view not even the existing sedition law meets this requirement.”

However, at least the existing sedition law requires the Crown to prove that the speaker intended that there be violence. That requirement is removed from the draft so that not only is there now no longer a need for the Crown to prove the speakers conduct actually resulted in some violence. It is no longer necessary for the Crown to even prove that the speaker intended that there be violence.

The good faith defence is inadequate in that the intention to cause violence only becomes one factor to be considered in assessing a defence. It is not a defence.

“The proposed laws represent a significant attack on freedom of speech.” said Mr Cope.

In the Council’s opinion the great American Jurist Oliver Wendell Holmes was right when he said that “light is the greatest disinfectant.”

Mr Cope said, “We will achieve far greater security by having dangerous ideas out in the open rather than forcing them underground. Our society’s greatest defence is its openness and tolerance. It is not a weakness.”