THE MALIYAN EXPERIENCE
Supporting Cultural Excellence through training
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How might you feel?
How did we get here?
What's happening now?
The good news
Sharing the responsibility
02. what is racial vilification?
According the Australian Human Rights Commission, racial vilification is "doing something 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."
This includes:
- comments at sporting events by players, spectators, coaches or officials
- material on the internet, including forums, blogs, social networking sites and video sharing sites
- comments or images in a newspaper, magazine or other publication such as a leaflet or flyer
- speeches at public rallies
- comments in a public place, such as a shop, workplace, park, on public transport or at school
See more information on 'Your rights' and 'Racial Vilification Law' at the Australian Human Rights Commission website.
Is intention relevant?
Those accused of racial vilification often claim they did not intend to insult anyone. They may even point out that they would not have been insulted themselves if the situation was reversed.
McGuire himself stated that he did not intend to racially vilify Goodes.
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"The question that I took at the press conference today... was did you racially vilify? And the answer was no and I stand by that. Does that mean that there was an act of inadvertent vilification of somebody? Then yes there was and for that I will apologise and I will do anything at all."
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However, McGuire's intention is somewhat irrelevant according to Australian Racial Vilification Law, which states that actions that are likely to cause offence are part of what defines racial vilification.
throwing rocks
"If you're standing with the rock throwers, of course you're never going to understand how it feels to be hit by that rock."
PREVIEW
What do you think?
Do you think calling an Aboriginal or Torres Strait Islander person an 'ape' is likely to offend, and is therefore racial vilification?
No, I don't think it's racial vilification
A person may not be intending to offend, however if the comment is (1) based on race, colour or origin, and (2) LIKELY to cause offence, then it may be regarded as racial vilification.
Yes, I think it's racial vilification
Common sense tells us that most people would LIKELY be offended by being called an 'ape' if they feel it is in connection to their race, colour or ethnic origin.
TAFE Western would like to Acknowledge the Traditional Custodianship of all Aboriginal and Torres Strait Islander lands on which this training is being undertaken, and pay our respect to Elders past, present and future and extend that respect to all. Warning: Aboriginal and Torres Strait Islander readers should be aware that this document may contain images or names of people who have since passed away.
