The effects of civil hate speech laws: Lessons from Australia

K Gelber, L McNamara - Law & Society Review, 2015 - cambridge.org
K Gelber, L McNamara
Law & Society Review, 2015cambridge.org
This article examines the effects of hate speech laws in Australia. Triangulating data from
primary and secondary sources, we examine five hypothesized effects: whether the laws
provide a remedy to targets of hate speech, encourage more respectful speech, have an
educative or symbolic effect, have a chilling effect, or create “martyrs.” We find the laws
provide a limited remedy in the complaints mechanisms, provide a framework for direct
community advocacy, and that knowledge of the laws exists in public discourse. However …
This article examines the effects of hate speech laws in Australia. Triangulating data from primary and secondary sources, we examine five hypothesized effects: whether the laws provide a remedy to targets of hate speech, encourage more respectful speech, have an educative or symbolic effect, have a chilling effect, or create “martyrs.” We find the laws provide a limited remedy in the complaints mechanisms, provide a framework for direct community advocacy, and that knowledge of the laws exists in public discourse. However, the complaints mechanism imposes a significant enforcement burden on targeted communities, who still regularly experience hate speech. We find a reduction in the expression of prejudice in mediated outlets, but not on the street. We find no evidence of a chilling effect and we find the risk of free speech martyrs to be marginal. We draw out the implications of these findings for other countries.
Cambridge University Press