Allan Ivarsson Author... of Amazon.com Books

The 1975 Australian Racial Discrimination Act

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The 1975 Australian Racial Discrimination Act

This act includes an anti-freedom of speech clause 18C

18B & 18D

(2016)

‘Freedom of Speech’ is a human animal right and a non-human animal right. No creature human or non-human, has the right to ban ‘Freedom of Speech’ at any time. As we humans move towards our evolving mission to go into outer space, where no one has gone before, during our exploration adventures setting up communities and seeking out new life, we must never forget our planet earth heritage roots, our historical fight for freedom, against all forms of anti-freedom oppression and that all life has the natural right to live free in speech and choice, within the pragmatic common-sense boundaries of eternal natural law.

Under ‘Freedom of Speech’, the Qur’an can exist. But under anti-freedom of speech laws, the Qur’an can be banned. The hate speech and discrimination teachings in the Qur’an can be sued per many Discrimination Acts. Hence, all Muslim Clerics can be sued for teaching such insidious ideas. Muslims would be smarter, to oppose ‘Blasphemy Laws’ and to oppose all laws which restrict freedom of speech. But most ‘True Muslims’ are not that smart, they believe that one day they will succeed in overthrowing the West, by increasing Muslim population, which will give them the power, to toss out Western freedom values law and order constitutions and supporting common laws and replace it with the rule of anti-freedom apartheid Sharia Law. Unfortunately, Muslims may achieve it, because most early 21st Century Degree Qualified Western Politicians are not too bright and are submitting to Islamic demands.

This is another reason, why I don’t have much respect for Degree Qualifications or for the anti-freedom of speech Universities that support ‘Totalitarian’ beliefs and fixed dogma mentality. Until Universities learn ‘Philosophical Intelligence’ and apply its principles, they will never be worth a damn, except in the umbrella regions of science, technology, computers, engineering, architecture, medicine, dentistry, accounting and teaching skills.

Law is a question mark skill, it is not consistently reliable in intelligence and varies in logic and lack of logic from state to state and country to country. Idiot politicians prove how incompetent law process is.

Economics is often running wild and open to speculation thinking rather than trustworthy facts. History is a common-sense skill. Psychology and Psychiatry is reckless, riddled with false knowledge nonsense. Philosophy is useful for learning about good and bad ideas, but it will only be of value when the principles of ‘Philosophical Intelligence’ are included in the research and study process. Business, sales and marketing concepts is pragmatic common sense. Many successful business executives don’t have a degree, and don’t need one, they are smarter than any business text book. Logistics analysis methods using computers, is a useful learning tool that is all.

Universities need to clean up their education act and make support of freedom of speech a priority one always. Freedom of Speech must always reject all totalitarian ideas, to protect its human right to exist.

Allan Peter Ivarsson 2010

The following comments were posted by the writer to global friends on e-mail dated the 22nd October 2016.

 The idea that is claimed by some defenders of the anti-freedom of speech 18C clause that “Hate Speech” is not “Free Speech” can easily be challenged by one reality question…

“If that argument is true… why do you that demand acceptance of 18C refuse to criticise, reject and prosecute all of the “Hate Speech” anti-non-Muslims texts in the Quran? And why do you allow Muslim MP’s to swear allegiance oath on the “Hate Speech” Qur’an and not on the Bible? The argument that 18C must be enforced, because of the need to stop “Hate Speech” is a hypocritical idea, when the persons defending the existence of 18C, don’t have the courage to criticise and reject all of the “Hate Speech” in the Qur’an.”

“The refusal attitude of supporters of 18C, makes them to be liars and cowards in their reasoning, simply because they refuse to publicly criticise the Qur’an and its “Hate Speech” doctrine.”

It should be noted that the tragic, Friday November 13, 2015, Paris attacks, which so many reports around the world have covered in detail, (130 people killed, and 368 people injured, 99 seriously injured), launched by the ‘Islamic State’, is also the consequence of ‘Jihad Muslims’ beliefs that live literately inspired by the ‘Hate Speech’ texts in the Qur’an, verified by Hadiths.

A person’s belief system is the reason for their thinking and their actions. Hence, those that refuse to abolish anti-freedom of speech clause 18C from the Australian Racial Discrimination Act 1975 are not being honest in dealing with all so-called “Hate Speech” in all books. Obviously, to start censoring all books for “Hate Speech” would send us back to the ‘Dark Ages’ when people were cruelly killed, because society leaders did not like their alternative ideas and beliefs.

Censorship of speech is not acceptable, not now, not ever, even if something someone says makes our blood boil, we still must respect the right of a person to speak and write freely. The process of criticism and rejection of ideas, right and wrong, good and bad, just and unjust, keeps us all alert and respectful of alternative ideas and most important, it keeps the values of secular democracy and freedom alive.

All anti-freedom of speech laws, including anti-freedom of speech ‘Blasphemy Law’, must be banned in every Nation on planet earth. Even though we have the right to openly criticise the Qur’an, the Bible and the Torah, such books are part of society, and must not ever be censored or banned. The ‘Communist Manifesto’ contains wrong ideas that reject freedom, but to censor it and ban the book is the wrong thing to do in a free society. And that freedom of speech right, also includes the insidious ‘Mein Kampf’. ‘Freedom of Speech’ keeps wrong thinking on the rejection table, which discourages other despot thinkers from creating another totalitarian dangerous idea book.

Author’s Postscript Notes not on the e-mail:

The actual unjust 18C Clause…

18C Offensive behaviour because of race, colour or national or ethnic origin

(1) It is unlawful for a person to do an act, otherwise than in private, if:

(a) The act is reasonably likely, in all the circumstances, to offend, insult, humiliate or intimidate another person or a group of people; and

(b) The act is done because of the race, colour or national or ethnic origin of the other person or of some or all of the people in the group.

(2) For the purposes of subsection (1), an act is taken not to be done in private if it:

(a) Causes words, sounds, images or writing to be communicated to the public; or

(b) Is done in a public place; or

(c) Is done in the sight or hearing of people who are in a public place.

Note: Subsection (1) makes certain acts unlawful. Section 46P of the Human rights and Equal Opportunity Commission Act 1986 allows people to make complaints to the Human Rights and Equal Opportunity Commission about unlawful acts. However, an unlawful act is not necessarily a criminal offence. Section 26 says that this Act does not make it an offence to do an act that is unlawful because of this Part, unless Part IV expressly says that the act is an offence.

End of Racial Discrimination Act 1975 extract

Allan Ivarsson continues to comment… inspired by the 1829 poem by Mary Howitt…

 Come into my political parlour said the lawyer spider to the naïve inexperienced fly. Only to be caught in a web of deceit, manipulating the victim with invented arguments, strings attached, making it near impossible for the target to escape the trap, set up by the cunning lawyer spider, as it aggressively moves forward, true to its prosecution setup strategy to take out full force the victim, per the legalised rules of unjust war. Such is the nature of political legislation designed for entrapment of innocent people that know nothing about law, including teenagers and young adults, only to find themselves preyed upon by twisted greedy dark thinking people, determined to manipulate, poorly written wide open to misinterpretation legislation of the law. Misguided emotional perception, not the truth, is the consequence of this disgracefully poorly written unjust 18C law.

This law destroys the importance of ‘Freedom of Speech’ human rights making it a civil law offence to offend, insult, humiliate or intimidate another person, organisation or a group of people because of their ethnicity. It suggests that race and religion cannot be criticised, even when religious text, rejects by its teachings, all unbelievers and insists they are enemies to be hated and persecuted and indicates clearly by its belief system that it rejects ‘freedom of religion’. Sounds reasonable to some, but that is not how the legislation works, no lawyer, no judge, no politician including those that agree with the enforcement of 18C will have the courage to prosecute all Muslim Clerics that teach the brain-wrecking ‘Hate Speech’ texts in the Qur’an.

It has been suggested that when someone complains that they have been offended that they come forward to the Australian Human Rights Commission, which then theoretically is supposed to resolve the differences of the people parties involved in a process of civil educative manner. But the high probable reality is that the accused like during the ‘Dark Ages’ and like in ‘Totalitarian Regimes’ like Communism and Islam, will be bully persecuted and prosecuted void of true justice and may face lawsuits and unjust gaol time if they cannot pay the greedy fines imposed. Certainly, human beings do not deserve to lose their job, home and security and everything they own, because of some badly written piece of legislation like 18C that is wide open to misused interpretation by clever lawyers that are more concerned with winning their case, than they are with reality-based ethics of what is truly right by moral compass values of decency.

It is claimed that 18D protects freedom of expression, but that claim is false, because once again the bully whinges of people, childishly, easily offended, focused on satisfying their own vanity and greed to conquer others, can at a huge expense in time and money focus on the economic destruction of their target, by manipulation of perception. The decisions as to what is deemed to be true is in the eyes of the holder, justice does not exist, when perception is wide open to personal emotional biased interpretation for whatever reasons.

Below are the interfaced legislated connections to 18C…

Part 11A… Prohibition of offensive behaviour based on racial hatred.

18B Reason for doing an act

If:

(a) An act is done for 2 or more reasons; and

(b) One of the reasons is the race, colour or national or ethnic origin of a person (whether or not it is the dominant reason or a substantial reason for doing the act); then, for the purposes of this Part, the act is taken to be done because of the person’s race, colour or national or ethnic origin.

18C Offensive behaviour because of race, colour or national or ethnic origin

Read as above.

Section 18D

(3) In this section:

Public Place includes any place to which the public have access as of right or by invitation, whether express or implied and whether or not a charge is made for admission to the place.

Allan Ivarsson comments… what this means is that for example…because the Christian Church is a public place, where any visitor is always welcome that if a Sermon is delivered by the Reverend, Priest or Pastor, which criticises the creed and teachings of Islam and the Koran that they can be sued, as has happened in Australia and overseas, where freedom of speech is denied. But because Muslim Mosques are not deemed as being public places, where any non-Muslim visitor is not welcome, unlike friendly Christian Churches, the Imam/Muslim Cleric cannot be prosecuted for what they say and teach against all non-Muslims behind closed doors. Such is the stupidity of the 18B, 18C, 18D legislation conceived and recorded by degree qualified people that are supposed to be qualified legal minds, but clearly, have the intelligence of a shark.

Now those of you that know ‘Cosmicism’ will understand why ‘Cosmic Law’ is deemed superior to legislated law.

The 18D act continues as follows…

18D Exemptions

Section 18C does not render unlawful anything said or done reasonably and in good faith:

(a) In the performance, exhibition or distribution of an artistic work; or

(b) In the course of any statement, publication, discussion or debate made or held for any genuine academic, artistic or scientific purpose or any other genuine purpose in the public interest; or

(c) In making or publishing:

(i) A fair and accurate report of any event or matter of public interest; or

(ii) A fair comment on any event or matter of public interest if the comment is an expression of a genuine belief held by the person making the comment.

Allan Ivarsson concludes…

 The question then returns, who makes the judgement that an exercise in freedom of speech is not deemed lawful, i.e. is it exempt? Including artistic cartoons, art, writing, comments etc.? The answer to that is the judge. Never mind that a person has been dragged into court at their inconvenience, time and expense, even if maybe, the ruling is finally tabled in their favour. Never mind that no two judges will make the same decision. One judge may make a different decision to another judge. After all, the act is wide open to personal interpretation of what is just or not just. And what is deemed to be in breach of the law or not, with respect of the law, is an opinion, not a reflection of a just decision. Of course, the correct reality in understanding, is that the legislation of the law is unjust and should be deleted from legislation. In addition, the idea that a fair comment, as a matter of public interest, does include the right to reveal the Qur’an text anti-freedom pro-hate objectives, and the anti-freedom apartheid Sharia Law objectives, is not true, because the phony ‘racist card’ and the unjust ‘Islamophobia Card’ is played, and by the unjust 18C act, such criticism is outlawed, and that thinking proves that 18D is not worth the paper it is written on, and is in fact a rubber band clause that can be stretched and broken, according to the whims and fantasies of legal minds, at the expense of victims being unjustly prosecuted by bully totalitarian legislation. Now that is the end of Federal Ruling in Australia… then there is the Pandora Box of State Rulings against ‘Freedom of Speech’ that is another, too often out-of-control misuse of law, to bully people and deny them the right to ‘Freedom of Speech’.

A societal reckoning to come must deal head-on with all lawmakers around the world, in every Nation that denies people ‘Freedom of Speech’ and ‘Freedom of Choice’ and that reckoning also applies to North Korea, Saudi Arabia, Iran, Bangladesh, China and every other Nation, Islamic, Communist, Socialist, Fascist or not, including the West that supports ‘Totalitarian’ objection to the human right to ‘Freedom’ in speech and choice.

Allan Peter Ivarsson © 2016

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