Gerald Fredrick Töben was brought before the Australian Human Rights and Equal Opportunity Commission for violating section 18c of the Racial Discrimination Act by denying the holocaust. The HREOC found against him, but he ignored them, so they escalated the matter to the federal court, who issued a court order enforcing the HREOC findings under section 18c. Toben ignored that also and continued denying the holocaust on his website. He was eventually jailed for his opinion.
Supporters of 18c insist it is not a threat to freedom of speech because of the exemptions under section 18d. However these exemptions did not protect Toben, and would be unlikely to protect others whose views are unpopular. Supporters of 18c try various lies to distance 18c from Toben's jailing, from the subtle to the idiotic. Even I am surprised by how many people are doing this. This is as good a reason as any to defend freedom of speech. If not, you leave yourself at the mercy of this sort of idiocy. Anyway, here they are.
Prime Minister for Canyons wrote on Dec 12
th, 2016 at 11:24am:
He should at least be locked up for stupidity.
longweekend58 wrote on Dec 12
th, 2016 at 12:13pm:
Setanta wrote on Dec 11
th, 2016 at 11:49pm:
A law should not be in place that tells you what you should think and talk about.
And there isnt. Tobin was jailed for contempt of court. I had the displeasure many years ago to communicate with him and felt dirty ever since.
He has his right to an opinion. He does not have the right to disagree with a court and get away with it. And he didnt.
Dnarever wrote on Dec 11
th, 2016 at 12:50pm:
18c is more about penalising the misuse or abuse of freedom of speech
You are not going to claim that what Bold did was ok are you ?
Dnarever wrote on Dec 14
th, 2016 at 7:22pm:
He was jailed for contempt of court - nothing to do with his opinions what he said or 18c.
Dnarever wrote on Dec 15
th, 2016 at 8:40pm:
Wanker got what he deserved. I doubt anyone cares.
John Smith wrote on Dec 17
th, 2016 at 11:03am:
freediver wrote on Dec 16
th, 2016 at 10:03pm:
Let's try this again John.
Which of the following is correct?
a) Toben was free to ignore the court orders
b) If you get jailed for something, then you are not actually free to do it
both
Mattyfisk wrote on Dec 13
th, 2016 at 3:22pm:
Quote:18c means you can now be jailed for exercising your fundamental human rights.
Can you show us the legislation than outlines the penalties, FD?
Raven wrote on Dec 14
th, 2016 at 12:13pm:
Your friend Toben on the other hand did commit a crime but not by denying the Holocaust. Justice Branson ordered him to remove the material, he refused.
Raven wrote on Dec 15
th, 2016 at 8:26pm:
freediver wrote on Dec 15
th, 2016 at 8:09pm:
Raven wrote on Dec 15
th, 2016 at 2:56pm:
freediver wrote on Dec 14
th, 2016 at 7:18pm:
Raven and John, do you support Toben's right to say the things he said?
Yes. You can say what you like but be prepared to be held accountable for what you say
So you support freedom of speech, as well as jailing people for their opinion?
He wasn't jailed for his opinion.
Do you believe that you should be able to say anything you want without consequence?
John Smith wrote on Dec 11
th, 2016 at 10:56am:
Does FD think we should revoke 'contempt of court' legislation too?
It would seem that if his concern was Tobin, that should be the legislation he should be targeting, instead of lying about 18c.
John Smith wrote on Dec 12
th, 2016 at 3:54pm:
freediver wrote on Dec 12
th, 2016 at 1:49pm:
John Smith had a rather stupid suggestion that we respond by trying to get rid of contempt of court legislation rather than 18c (again, see the opening post for quotes)
simply highlighting how stupid your idea is. You want to ban 18c because it resulted in someone going to jail who you believe shouldn't have. Continue that logic through to other laws and you'll see how stupid that train of thought is.
John Smith wrote on Dec 13
th, 2016 at 11:04pm:
freediver wrote on Dec 13
th, 2016 at 9:42pm:
Are you suggesting that Toben's imprisonment is a figment of our imagination?
In some cases, yes.