Laws / Newman to face Tas Anti-bias Tribunal over gay hate claims
The following media statement was issued by the Tasmanian Gay and Lesbian Rights Group on Wednesday January 5th 2005.
A Tasmanian gay man, Michael Dempsey, has lodged complaints with the state's Anti-discrimination Commission against John Laws and Sam Newman, claiming that both men made comments late last year which breach the state's Anti-discrimination Act by inciting hatred against gays.
Mr Dempsey said that hate speech leads to hate crime.
"Laws' and Newman's comments give a green light to those who would discriminate against and attack gay, lesbian, bisexual and transgender people", Mr Dempsey said.
"There has been anecdotal evidence of a rise in verbal abuse towards the GLBT people in Tasmania, and I have no doubt hate-speech has contributed to this."
Mr Dempsey's complaint includes the Tasmanian media outlets which broadcast the offending remarks and requests an apology and retraction from Laws and Newman.
"This is about vilification and protecting vulnerable members of the community, not a person's right to express an opinion."
"Sam Newman and John Laws could both have expressed their opinion without the kind of hateful language that causes distress and offence to gay, lesbian, bisexual and transgender people."
Mr Dempsey went on to say that a recent decision by the NSW Anti-discrimination Tribunal about a similar but separate incident involving John Laws gives his complaints a good chance of success.
"The NSW decision establishes that words like "poof" constitute vilification, and gives me hope that my complaints will succeed."
Two pages of background information will follow.
For further information contact Tasmanian Gay and Lesbian Rights Group spokesperson, Rodney Croome on 0409 100 668.
***
JOHN LAWS / SAM NEWMAN INCITEMENT TO HATRED COMPLAINTS : BACKGROUND INFORMATION
The following two pages provides background information for the cases lodged with the Tasmanian Anti-discrimination Commission by Michael Dempsey about comments made by John Laws and Sam Newman, alleging the comments incite hatred on the grounds of sexual orientation.
1. The offending comments
~ John Laws
On November 3rd 2004 on his morning radio program syndicated on several radio stations in Tasmania, Mr John Laws made the following comments regarding openly gay US television personality, Carson Kressley, who was in Australia at the time.
"This is a really serious thing. It's not often that I get really worried about this country, but I tell you what, I had a sleepless night last night after watching the television that I saw in relation to the Melbourne Cup. Who is this pompous little pansy prig who's strutting around everywhere yesterday, telling Australian blokes how to wear their pocket square? As he called it. That's poof speak for handkerchief ... Who is he? He might be famous in certain circles, circles being the operative word, we know where they are.
"He was judging girls, now what the hell does a pillow biter know about judging girls? They should have had a few truckies down there, or me, or the co-driver even. Fair-dinkum Aussie blokes judging fair-dinkum Aussie girls. Not this pompous little pansy.
"I remember when Australia was a land of proud, dedicated women and hard-drinking and hard-talking men. M- E- N, men. Why this sudden proliferation of pansies I don't know. It's a major issue. It's all very good and well that Australia tolerates people with varied sexual leanings but I don't know why we should be celebrating it. The sooner this fairy flies out and lets us judge our own women on our own criteria the better."
Mr Laws then went on to play a recorded track declaring "Piss Off Pansy".
He concluded,
"I know what you would like to have said [plays track] 'Piss Off Poof', but you can't say that because that's a derogatory word, so we won't say that. We wouldn't stoop to that, well I really wouldn't want to s-s-s-stoop to anything, would I?"
~ Sam Newman
On November 29th 2004 on the Channel Nine Today Show broadcast on WIN TV in Tasmania, Mr Sam Newman made the following comments regarding a proposal by newly elected Melbourne Deputy Lord Mayor, Gary Singer, to make Melbourne more attractive to gay and lesbian visitors.
Questioning Cr Singer's motives Mr Newman asked,
"Do we want to have hordes of lisping, parading people wandering all over the country, all over the state adding absolutely nothing to it?"
"Do you want to have a sister state named Gay-bo Island or rename the train up in the Emerald hills Poofing Billy?
"If people want to have a sexual expression they will. Why do we have to, pardon the expression, ram it down their throats?
"Why do we have to have the whole state infested with people we don't necessarily want?"
"We could organise a cottage industry called sphincter bleaching or something."
2. Substance of the complaint
Mr Dempsey alleges that the above comments breach section 19 of the Tasmanian Anti-discrimination Act.
That section, titled "Inciting hatred" declares that
"a person, by a public act, must not incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of -
sexual orientation or lawful sexual activity of the person or any member of the group".
His complaints also argue that, as well as directly breaching the Tasmanian Anti-discrimination Act Laws' and Newman's comments exacerbate the higher than average levels of discrimination, abuse, violence and suicide experienced by gay, lesbian, bisexual and transgender people.
3. Who are the complaints against and how likely are they to succeed?
There is one complaint against John Laws, 2UE and the Tasmanian radio stations outlets which broadcast his remarks, and another complaint against Sam Newman, Channel Nine and the Tasmanian television station which broadcast his remarks.
The most relevant court decision on this issue in Australia is the decision in Burns v Radio 2UE (NSWADT 267), before the NSW Administrative Decisions Tribunal, 22.11.04 in which the Tribunal found that comments by 2UE announcers John Laws and Steve Price constituted homosexual vilification under the NSW Anti-discrimination Act.
The terms of the relevant NSW provisions are almost identical to the relevant Tasmanian provisions.
The conduct found to breach these provisions was similar to, but arguably less offensive and vilifying than, the conduct cited in Mr Dempsey's complaints.
4. What outcome is Mr Dempsey seeking?
a) An on air-apology made at the same time of day as the offending remarks were broadcast. The apology should include an acknowledgment of the severe impact of the offending remarks, and a commitment not to make them again.
b) Contribution to a level determined by the Anti-discrimination Commission to Tasmanian GLBT support, counselling and befriending organisation, Working It Out.
5. How has Mr Dempsey been affected by the offending comments?
As a gay man, Michael Dempsey feels demeaned and degraded by Laws' and Newman's comments. He is deeply concerned about the impact of these comments on the lives and wellbeing of gay, lesbian, bisexual and transgender people, particularly those young people living in rural and regional areas who may experience high levels of isolation and abuse.
Like Gary Burns in the case cited above, Mr Dempsey did not hear the offending comments in their entirety at the time they were broadcast. The NSW Anti-discrimination Tribunal has found that this is not an impediment to making a complaint about incitement to hatred.
6. Do these complaints raise the issue of freedom of speech?
Messrs Laws and Newman could easily have made their respective points without resorting to hateful language. The purpose of Mr Dempsey's complaints is not to stifle free speech but to improve standards of public debate.
They are also aimed at protecting vulnerable members of the community from abuse and violence.
A range of studies have shown that gay-bashers feel their actions are justified and endorsed by the hateful comments of public figures.
With every right comes a responsibility. The right of free speech comes with a responsibility not to abuse that right to incite hatred and violence.