ARTICLE 20 Any propaganda for war shall be prohibited by law.

Any advocacy of national, racial

or religious hatred that constitutes incitement to discrimination, hostility or violence shall be
prohibited by law. SUMMARY Matters covered in this chapter include: · Australia’s reservation
to Article 20; · racial hatred legislation; · propaganda for war; and · incitement of national,
racial or religious hatred. Significant developments in the reporting period include: · the
enactment of the Federal Racial Hatred Act. 1045. Australia has maintained its reservation to
Article 20. The reservation provides: ‘Australia interprets the rights provided for by Articles 19,
21 and 22 as consistent with Article 20; accordingly, the Commonwealth and the constituent
States, having legislated with respect to the subject matter of the Article in matters of practical
concern in the interests of public order (ordre public), the right is reserved not to introduce
any further legislative provision on these matters.’ 1046. The reservation reflects Australia’s
strong tradition of freedom of expression. This is a tradition to which the Federal and State
Governments are committed. Where there is a clear necessity to restrict that right in the public
interest or, perhaps, for reasons of international diplomacy, the Federal Government will act,
and has acted, to prohibit or suppress propaganda. For example, during the Second World
War, the Federal Government prohibited propaganda by enemy aliens and subjected some
forms of communication to censorship. Article 20 285 1047. A number of reports to the
Federal Government have highlighted the existence of racial violence in Australia. In response,
the Federal Government passed the Racial Hatred Act 1995 which came into operation on 13
October 1995. It provides an important avenue of complaint to the Human Rights and Equal
Opportunity Commission for people affected by racially offensive conduct. The Act strikes a
balance between the right to freedom of expression and the rights of all persons to live free
from fear of violence and racial hatred. Nothing which is said or done reasonably and in good
faith in the course of any statement, publication, discussion or debate made or held for an
academic, artistic, or scientific purpose, or for any other purpose in the public interest, can be
the subject of a complaint under the Act. Propaganda for war 1048. There is no general
prohibition in Australia on propaganda for war. The Federal Government has some difficulty
with the vagueness of the term ‘propaganda of war’ used in Article 20. As indicated in the
previous section, the Government would only be prepared to prohibit propaganda of this
nature if a clear need for such action arose. 1049. A number of actions which could fall within
the concept of ‘propaganda of war’ are currently prohibited. For example, the Crimes (Foreign
Incursions and Recruitment) Act 1978 prohibits the recruitment and training within Australia of
persons proposing to engage in hostile activities in foreign countries and prohibits Australian
citizens and longer-term residents from engaging in such activities. 1050. Also of relevance are
the crimes of treachery and sedition under the Federal Crimes Act 1914. Legislation of some
relevance in prohibiting certain types of related propaganda is the Diplomatic and Consular
Missions Act 1978 which empowers a court to grant an injunction restraining false claims to
diplomatic or consular status and to issue a warrant to remove flags, insignia, etc, associated
with such false claims. 1051. Australia has accepted several ‘information offices’ for political
organisations such as the South West Africa Peoples’ Organisation (SWAPO), le Article 20 286
Front National de Liberation Kanake et Socialiste (FLNKS) and the Palestine Liberation
Organisation. It is stipulated that their purpose is the dissemination of information only. The
offices must not advocate violence as a means of achieving their objectives. They do not have
any privileged status. They are subject to Australian law and do not receive any financial
assistance from the Australian Government. Confirmation that these terms are acceptable is
required before the establishment of an ‘information office’ will be supported. Incitement
1052. While there is currently no general prohibition on the incitement of discrimination,
hostility or violence by advocating national, racial or religious hatred, there are some
restrictions on incitement. 1053. Section 7A of the Federal Crimes Act 1914 provides that it is
an offence for any person to: · incite to, urge, aid or encourage; or · print or publish any writing
which incites to, urges, aids or encourages; - the commission of offences against any Federal or
Territory law or the carrying on of any operations for or by the commission of such offences.
1054. The Federal Crimes Act 1914 also creates offences of sedition, including counselling,
advising or attempting to procure the carrying out of a seditious enterprise. ‘Seditious
enterprise’ is defined to include enterprises carried out for the purpose of promoting ‘feelings
of ill-will and hostility between different classes of Her Majesty’s subjects so as to endanger
the peace, order or good Government of the Commonwealth’. (Exceptions exist for certain
actions done in good faith.) 1055. Provision also exists in the Federal Crimes Act 1914 to
enable the Federal Attorney-General to apply to the Federal Court for a Declaration that a
body of persons is an unlawful association. Such bodies include organisations which by
propaganda advocate or encourage the overthrow by force or violence of the Article 20 287
established Federal or State Government or of any other civilised country or of organised
Government. It is an offence for any person by speech or writing, inter alia, to advocate or
encourage overthrow by force or violence of such Government. It is also an offence for a
person, by violence or by threats or intimidation of any kind, to hinder or interfere with the
free exercise or performance, by any other person, of any political right or duty. State
legislation 1056. State legislation also provides for offences of incitement to violence. There
are also a number of more specialised offences in some jurisdictions. New South Wales, the
Australian Capital Territory and Western Australia have passed racial vilification legislation. At
common law it is unlawful to incite a crime. 1057. In Queensland, the crime of sedition is dealt
with in the Criminal Code 1899. A seditious intention is an intention to effect any of the
following purposes: · to bring the Sovereign into hatred or contempt; · to excite disaffection
against the Sovereign or the Government or Constitution of Queensland as by law established,
or against the Parliament of Queensland or against the administration of justice; · to attempt
to procure the alteration of any matter in the State as by law established otherwise than by
lawful means; and · to promote feelings of ill-will and enmity between different classes of Her
Majesty’s subjects. 1058. The Act makes it unlawful to engage in an enterprise undertaken to
effect a seditious intent or to administer an oath to bind a person to treason or murder. 1059.
In Victoria the offence of treason is contained in the Crimes Act 1958. The common law
offence of incitement has been abolished and relaced by a statutory offence. 1060. State
legislation that prohibits racial discrimination is discussed further under Article 26, Racial
Discrimination, below