Old Hippy
Deity
- Joined
- Oct 14, 2011
- Messages
- 3,606
Brazil is hardly a "western country".
And the existence of laws criminalising racist opinions/hate speech is not unusual in Western countries outside the United States, anyway. Australia has long has a similar law, section 18C of the Racial Discrimination Act, which makes unlawful acts that are reasonably likely to offend, insult, or humiliate someone based on race or ethnicity, except comments made in good faith in the course of public discussion. Brazilian law might be similar in form but differs in practice (like I said, not a Western country).
it is worth noting that in the recent debate to repeal 18C in the name of free speech, a lot of people never read section 18D...
Spoiler :
Section 18D of the Racial Discrimination Act contains exemptions which protect freedom of speech. These ensure that artistic works, scientific debate and fair comment on matters of public interest are exempt from section 18C, providing they are said or done reasonably and in good faith
The courts have consistently interpreted sections 18C and 18D as maintaining a balance between freedom of speech and freedom from racial vilification. The courts have held that for conduct to be covered by section 18C, the conduct must involve profound and serious effects, not mere slights. The courts have also found that section 18C is an appropriate measure to implement Australias obligations to prohibit racial hatred under the ICCPR and ICERD.
While many laws restrict freedom of speech, such as laws applying to defamation, advertising and national security, section 18C fills an important gap in legal protections for those affected by racial hatred and vilification.
https://www.humanrights.gov.au/glance-racial-vilification-under-sections-18c-and-18d-racial-discrimination-act-1975-cth
The courts have consistently interpreted sections 18C and 18D as maintaining a balance between freedom of speech and freedom from racial vilification. The courts have held that for conduct to be covered by section 18C, the conduct must involve profound and serious effects, not mere slights. The courts have also found that section 18C is an appropriate measure to implement Australias obligations to prohibit racial hatred under the ICCPR and ICERD.
While many laws restrict freedom of speech, such as laws applying to defamation, advertising and national security, section 18C fills an important gap in legal protections for those affected by racial hatred and vilification.
https://www.humanrights.gov.au/glance-racial-vilification-under-sections-18c-and-18d-racial-discrimination-act-1975-cth