NSW Does AU Guarantee Freedom of Speech?

[solomani]

Hi Tim,

Nothing in particular. Just trying to understand the law in NSW. Practically to what point can I run my mouth off in public without risking arrest and prosecution and the answer seems to be zero - there is always a risk no matter how innocuous the speech is as someone may take offence and prosecute. I don't plan on doing that just want to understand the law.

For specific examples is it OK to (ignoring the fact I consider each of these examples poor manners, I don't want to understand the legal standing):

• Call people names in public?
• Swear at people and/or make comments in public?
• Make racial jokes and/or make comments in public?
• Make religious jokes and/or make comments in public?
• Make sexist jokes and/or make comments in public?

And by public I also include any kind of internet based communication. Seems to me none of that is protected speech in NSW and even a poorly worded YouTube comment could see you prosecuted if you got the wrong person angry.

 

[Rob Legat - SBPL]

You should get stuck into Google and read some of the relevant commentary surrounding section 18C of the Racial Discrimination Act. It would seem to be completely on point to your queries, and it's currently topical.