Some have interpreted my concerns with the proposed Bill as effectively promoting support for what has been described as the "hurt feelings" provisions of the existing legislation. I specifically refer to Andrew Bolt's blog in the Herald Sun on 27 April in which Andrew asks the rhetorical question as to whether I "really think we need laws that would have let her (me) sue the children who teased her at school?"
Andrew went on in his blog to 'ask' me two further questions:
"If (sic) Gambaro seriously saying she would have used those protections? In her case, wasn't success really the best revenge?
"And if playground insults are evidence for needing such laws, why not extend these protections to cover insults lite (sic) "fatty", "shorty", "loser" and other kinds of abuse so damaging to children?"
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Despite not contacting me directly to discuss any of these issues, as a courtesy to Andrew I am happy to provide the following responses to his questions: (1) No; (2) No; (3) I am motivated by a desire to live in an Australian society which has tolerance at its heart not revenge – so No; (4) I consider that this final proposition as posed by Andrew trivialises and to some extent ridicules the need for a line in the sand to be drawn somewhere on what is acceptable and what is not in terms of what constitutes racially vilifying speech.
Let me be clear, I do not claim to have all the answers as to what is a difficult public policy issue – balancing competing public interests always is. This is why the debate that we are having now is not only important, but vital – more Australians need to be heard.
As for any perceived need to regulate the school yard, there is an adage that comes to mind - from small things big things grow. My own personal experiences of being subjected to racial hatred speech certainly started in the school yard, but regrettably did not stop there.
With all due respect to Andrew, it is disappointing that he sought to trivialise the personal experiences that I touched on. While I will not expand on the extremely cruel and malicious behaviours that I have been subjected to in the school yard and beyond, I will say this - in the normal course of events children graduate from school and some learnt behaviours graduate with them manifesting themselves in less than desirable ways.
I do not for a moment advocate that we should wrap Australian society up in a strait jacket of political correctness to such an extent where claimed sensitivities extend to the ridiculous. But I do believe that collectively we need to embrace a greater understanding of what racism looks like and how it expresses itself, rather than in our ignorance assuming what the experiences of others are whether they be in the school yard or elsewhere.
The laws of our country should not only set standards of behaviour, they should also provide the framework for a more far reaching set of values that pervades throughout society – even into the playground. We need to take the time to get this balance right; it is after all about shaping the law that will govern us all.
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