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Cricket Web: All-Time Legend
Good first post.Complicated said:Interesting topic, I'm new here but decided to weigh in on this debate. As a law student in Qld so the discussion on FOS and Defamation peaked my interest. I'm impressed by Top_cats wealth of knowledge, however I'm going to disagree slightly.
Defamation isn't a good analogy for racial taunts. Because Defamation refers firstly to the publication of materials, and secondly where that material causes some form of damage, ie injuring the person or their character.
Its really surprising to hear the Free Speech arguement come up, because it doesn't really apply to Australian society. In Australia we have no Freedom of Speech rights listed in the constitution. I think people make the mistake of assuming we have a mirror of the US constitution, which we don't. The High Court implies some very limited FOS rights ie for political communication but the scope is narrow. Theres alot of legal debate that goes on, concerning just how far the government can censor the community.
I spent the last 3 months travelling through Europe, and find it surprising how quickly people jump on the bandwagon to critise. In almost every country I've travelled to you could find some element of racism. For example the Europeans are very negative to African immigrants. The only exception I found was the French who seemed to universally treat all foreigners poorly. It's also very difficult to argue it's a western phenomenon, I'd suggest people who argue that line need to travel more.
Accusations of racism can be the equivilent of loading a revolver and firing it at your foot. Firstly it gives attention to people who arn't worth additional thought. Also the moment you start branding and generalising large groups you set up camps of "you" and "us", people get agressive and hyper sentitise those issues. I've often heard South Africans argue that they shouldn't be judged becasue we don't understand the society they came from. A very good friend of mine is from SA, and talking to her I've come to understand that view is correct. It's apples and oranges. But the same thing applies to judging this incident, if you don't experience Australian culture yourself and just blanket brush it based on a media report you come across looking as abit of a bigeot.
As a side note, does anyone actually think this ICC inquiry will do anything?
As to your SA friend, it is consistent with my experiences. I have a very close friend (Pakistani) who naturally found the apartheid regime abhorrent but had no qualms about hurling insults at members of lower castes that dared to invade his personal space on the streets of Karachi.
Whilst one set of behaviour (apartheid) was institutionalised, the other (sectarianism) was cultural, IMO they are bad as each other. However, I'm speaking as an Australian where neither would be tolerated.