In 1989 New South Wales became the first Australian state to pass legislation outlawing racial vilification. By 2001 the Commonwealth and the majority of Australian states and territories had followed suit. And yet throughout this period, the legal regulation of racial vilification has been controversial, with each new legislative reform initiative prompting heated debate.

Regulating Racism provides a comprehensive examination of the history and current operation of federal, state, and territorial racial vilification laws in Australia. Based on detailed analysis of relevant reports, legislation, parliamentary debates, statistical data, and judicial and quasi-judicial decisions, it reviews the range of approaches to the legal regulation of racial vilification which have been adopted in this country, including the creation of criminal offences, statutory torts, and grounds of human rights complaint.

The book addresses a number of key questions about the origins and operation of racial vilification laws. Why were different legislative models chosen? What are the implications of those choices for victims of racial vilification? What impact have free speech "rights" and values had on the approach which Australian law-makers have adopted towards the regulation of racial vilification? How have racial vilification laws been applied and interpreted by human rights agencies, prosecuting authorities, tribunals, and courts?

Regulating Racism evaluates the strengths and weaknesses of the various approaches to the legal regulation of racial vilification which have been utilised to date in Australia. It makes an important contribution to our understanding of the role and limits of racial vilification laws in a democratic multicultural society.

Published by the Institute of Criminology, Sydney

Table of Contents

CHAPTER 1: The Emergence of Racial Vilificaton Laws in Australia
CHAPTER 2: Human Rights Complaint-Based Regulation: The Commonwealth Approach
CHAPTER 3: Setting the Precedent for Australian Racial
CHAPTER 4: Vilification Laws: Human Rights Complaint-Based Regulation in New South Wales
CHAPTER 5: The Criminalisation of Racial Vilification: Western Australia
CHAPTER 6: Regulation by Statutory Tort: South Australia
CHAPTER 7: The Current Shape of Racial Vilification Laws in Australia
Select Bibliography
Index

"A thought-provoking and informative critique of Australia’s racial vilification laws, Regulating Racism avoids an overly legalistic approach. The book combines detailed information with ideological debate, within a broader social analysis of the need for racial vilification laws in a multicultural society."

- Law Institute Journal (Victoria), June 2003