Title

Private litigation to address a public wrong: a study of Australia's regulatory response to "hate speech"

RIS ID

94937

Publication Details

Gelber, K. and McNamara, L. (2014). Private litigation to address a public wrong: a study of Australia's regulatory response to "hate speech". Civil Justice Quarterly, 33 (3), 307-334.

Abstract

Australia has had a long experience with a unique version of hate speech laws in which hate speech is posited as a discriminatory harm. The regulatory schemes in most jurisdictions require a person to lodge a complaint regarding an instance of hate speech with the relevant human rights authority in that jurisdiction, which then attempts to conciliate a resolution (typically involving an apology or agreement to desist) between the complainant and the identified respondent. It is only after a complaint has been lodged with the human rights authority that a complaint may be terminated, and then a case can be brought to a tribunal (in the case of state/territory laws) or federal court (in the case of federal law).

Link to publisher version (URL)

Civil Justice Quarterly

Grant Number

ARC/DP1096721

Please refer to publisher version or contact your library.

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