The information below is a guide based on the Racial Discrimination Act 1975 in Australia.
What do you think? Is writing “No Asians” on a profile racist or “just a preference”? Below it states Racial Hatred can include statements which are likely to offend, insult, humiliate or intimidate. Do you think Asians are offended/insulted/humiliated when they see “No Asians” on a profile? Much of the literature and sites on the web by Gay Asian Males indicate that they are.
WHAT IS RACIAL HATRED?
The RDA makes offensive behaviour based on racial hatred unlawful. Racial hatred can include unlawful racially offensive behaviour in public based on the race, colour, national or ethnic origin of a person or group of people which is likely to offend, insult, humiliate or intimidate. Unlawful offensive behaviour might include:
- a speech at a public rally
- putting racist posters or stickers in a public place
- writing racially offensive comments in a publication
The act must have occurred within sight and hearing of other people (although other people do not have to be present) or in a place to which the general public is invited or has access.
WHAT RACIAL HATRED IS NOT
The racial hatred provisions state that the following things are not unlawful if ‘done reasonably and in good faith’:
- an artistic work or performance – for example, a play in which racist attitudes are expressed by a character
- an academic publication, discussion or debate – for example, discussing and debating public policy such as immigration, multiculturalism or special measures for particular groups
- a fair and accurate report on a matter of public interest – for example, a fair report in the media of an act of racial incitement or racially offensive conduct
- a fair comment if the comment is an expression of a person’s genuine belief.
End Racism and Homophobia in the Gay Community 