We live in an age of ideological self-awareness, a world of identity politics and human rights activism, where those among us with any common characteristic or condition, or particular cause or opinion, can coalesce into active pressure groups each demanding recognition of its perceived “cotton wool” rights.
It is often claimed that the law is now soft on crime and weak on social and civil wrongdoing. By comparison with what it was like during the life and times of nineteenth-century Australia, our present-day laws are indeed very soft.
Stealing a sheep in the 1820s invited the death penalty.[1] Convicts were flogged for being rude to an official;[2] and when George Howe was given permission to publish Australia’s first newspaper, the Sydney Gazette in 1803, the country was not ready for a free press—it had to be “passed by the governor’s inspector”.[3]
All of that changed with the moving times and the development of an enlightened democratic system of government. Steal sheep now and you might get away with a community service order;[4] be rude to whoever you like and so what; while the media can report and criticise anyone or anything it believes to be deserving of it.[5]
Well, that is unless you offend, insult or humiliate someone who claims their sensibilities and feelings have been hurt. I’m referring, of course, to the long-running debate over section 18C of the Racial Discrimination Act 1975[6] in respect of which several trivial complaints with a racial connotation, as dealt with by the Australian Human Rights Commission (AHRC), have given rise to public controversy and concern.