Pirate Congress 2021/Motions/Policy and Platform/18C

PM-3 Freedom of Speech (18C) policy update
''Please note that PM-3A through PM-3C are mutually exclusive. Congress must put either none or one of them forward for ratification by the party as a whole.''

PM-3A
Put by: Alex Jago

Motion
Repeal PS-2020-02 and change our 18C policy to be the following line:


 * Remove the words "offend, insult" from section 18C of the Racial Discrimination Act 1975 (Cth).

Rationale
Our previous framing of this has been on the basis that once you get rid of those words, there's basically nothing left that can't or shouldn't be usefully covered by other law, and hence can be removed altogether. However, with 18C a tribal issue, saying "we want to repeal it" is a quick way to be dismissed as right-wing racists. In my experience, it actively impedes talking about other Pirate policy. Meanwhile, PS-2020-02 is basically a placeholder saying "we're going to come back to this issue". With this, we are, though perhaps not to the extent that PS hopes for.

PM-3B
Put by: Roger Whatling, Andrew Downing

Motion
Repeal PS-2020-02.

Rationale
Until such time as a better alternative is presented, 18C must be repealed in order to maintain freedom of speech. The current policy is aligned with this, and the position statement as it is currently written is not only weak, but contradictory. The Party should not be apologetic for policy that is aligned with core principles. Better law is required to cover discrimination, harassment and abuse generally, inclusive of but not limited to "race, colour or national or ethnic origin". Offending, insulting or humiliating people isn't nice, but defining 'nice' isn't a government function. If we left just "intimidate", as the only non-subjective criteria, equivalent to an actual threat, it would lower existing standards regarding threats to "reasonable likely",

PM-3C
Put by: Sean O'Farrell

Motion
Repeal PS-2020-02 and change our 18C policy to be the following line:


 * Reform section 18C of the Racial Discrimination Act 1975 (Cth) to require intent; to require clear and convincing evidence; and to exclusively address provable harm in the forms of harassment, intimidation, or grave psychological abuse, removing all references to subjective criteria of insult, offense, and humiliation.

Rationale
The greatest issue with 18C as it stands is that it allows the government to regulate speech for being rude, impolite, or generally not being nice. Out of principle, the government should not be dictating how friendly people ought to be to each other, nor should it attempt to regulate why somebody does or does not like somebody else. By stripping out these elements, people will be allowed to freely express their opinions in public, but still be prohibited from deliberately causing objectively provable harm to others. This approach is much more resistant to negative spin than a simple repeal, and frames our issues with the law more accurately, hopefully allowing for clearer policy communication with future potential members. PS-2020-02 was essentially a call to review our policy on 18C, and will no longer be needed if this passes.