Labor frontbencher Terri Butler has lashed out at a "hypocritical" lawsuit commenced against her by a Brisbane law student over her remarks on the ABC's Q&A; program.
Ms Butler, the opposition's spokeswoman on equality and universities, was accused of a "racist smear" by a fellow panellist for repeating allegations that Queensland University of Technology student Calum Thwaites used the word "niggers" in a Facebook post about campus facilities.
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Q&A; panel clash over section 18C
Writer Nakkiah Lui disagrees with journalist Greg Sheridan's assertion that the Bill Leak cartoon was not racist. Vision courtesy ABC.
Mr Thwaites, who was one of the defendants in the racial vilification case that was thrown out of court, has maintained he was not responsible for the post. He is now suing Ms Butler for defamation, accusing her of implying that he is a racist, bigot and perjurer, and seeking $150,000 in damages.
In a statement of claim, obtained by Fairfax Media, lawyer Anthony Morris said his client had been "greatly harmed and injured in his personal reputation" and was liable to be harmed in his pursuit of a career as a lawyer as a result of Ms Butler's remarks.
Ms Butler said she had not been served any legal documents or been contacted by Mr Thwaites and his legal team in any way since Monday. But she told Fairfax Media it would be "hypocritical" if the lawsuit did eventuate because Mr Thwaites had been at the forefront of a campaign against section 18C of the Racial Discrimination Act, in favour of free speech.
"It's kind of hypocritical, don't you think?" Ms Butler said. "If you're asserting the problem with this country is there's not enough free speech, you're not going to sue someone over their speech."
Ms Butler, herself a law graduate from QUT, had a "general conversation" about the matter with Opposition Leader Bill Shorten but said there was "little to go on" at this stage. "It's a report that someone is going to sue me. If someone actually does sue me I'll figure out what to do at that point," she said. Mr Shorten declined to comment.
On Monday's episode of Q&A;, Ms Butler argued against the renewed push to reform or abolish 18C, which makes it unlawful to offend, insult, intimidate or humiliate another person on the basis of race.
She observed that the Federal Circuit Court had thrown out the case against Mr Thwaites and his co-defendants, also QUT students. But she added: "I notice that when people talk about those QUT students, they never mention the fact that one of them was alleged to have used the N word – I'm not going to say it – the N word in one of those Facebook posts."
Tasmanian Liberal senator Eric Abetz noted Mr Thwaites denied that allegation and panellist Greg Sheridan, foreign editor of The Australian newspaper, accused the Labor frontbencher of a "disgraceful diatribe".
Sheridan: "He said that was not him. He said that that was not him."
Butler: "He would say that, wouldn't he?"
If someone actually does sue me I'll figure out what to do at that point
Sheridan: "You're presuming his guilt on national television but there's no evidence against him."
Butler: "I'm saying this is what the allegations were."
Sheridan: "That is a racist smear in itself."
On Thursday, Ms Butler appeared to double down on her remarks, accusing News Corp of trivialising the allegations. "There is no dispute that those words appeared on a Facebook page. There was no claim that those words weren't used," she said.
"I feel like The Australian's campaign against laws that are aimed at preventing people from humiliating and vilifying others on the basis of their race has been waged for some time now. I think that The Australian should not seek to downplay the seriousness of the allegations."
"It's important in discussing section 18C of the Racial Discrimination Act to talk about the real issue which is: do we want to be in a country where victimisation and vilification of people on the basis of race is given licence?"