Communications & Media
8. Discriminatory Content
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 23 Jun 2015
- Communications are unlawful if they are likely to offend, insult, humiliate or intimidate a person based on that person’s race, colour, nationality or ethnic origin. This applies to words, sounds or images that may be communicated to the public through newspapers, brochures, television and radio programs or the internet.
- Under the racial hatred laws a person or a group of people who feel offended, insulted, humiliated or intimidated by the racial communication can bring a complaint.
- This is regardless of whether the comments were directed at those people personally.
- Not all communications about race are unlawful. If they are done ‘reasonably and in good faith’ they may be exempt.
- A television show that involves a racist character or a panel discussion about immigration may not necessarily be discriminatory.
- When reporting a racist act or statement you must ensure that you do not embellish on the comment.
- You must ensure the racist act or statement is attributed to the person who said it and that it is clear that those are not your views as the reporter or author.
- You should also avoid referring to the ethnicity of the subjects of a story where it has no relevance to the story.
- See our topics on Anti-discrimination and Defamation for more information.
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