A Brisbane judge has thrown out a controversial case of alleged racial vilification at the Queensland University of Technology, as an inquiry into Australia's race hate laws looks set to be announced next week.
The QUT ruling, which has emboldened Coalition MPs pushing for changes to section 18C of the Racial Discrimination Act, comes as Prime Minister Malcolm Turnbull gave his clearest signal yet on Friday that an inquiry will be held into the provision and freedom of speech.
More National News Videos
Turnbull's balancing act
The PM is considering an inquiry proposal to look at changing 18c, admitting while we can't condone hate speech we must respect the right to free speech. Courtesy ABC News 24.
Federal Circuit Court judge Michael Jarrett on Friday dismissed a case against three QUT students embroiled in controversy over Facebook comments made in the wake of an incident in a computer lab reserved for Indigenous students.
The case had not yet proceeded to a full hearing, but Judge Jarrett said it had no reasonable prospect of success.
![Prime Minister Malcolm Turnbull has signalled that an inquiry will be held into the 18C provision and freedom of speech.](/web/20161130104000im_/http://www.smh.com.au/content/dam/images/g/s/e/e/q/y/image.related.articleLeadwide.620x349.gshurj.png/1478296390240.jpg)
Opponents of section 18C â which makes it unlawful to "offend, insult, humiliate or intimidate" a person or group on the grounds of race â believe the case exemplifies why the law should be amended or repealed.
Cindy Prior, an Indigenous staff member at QUT, lodged a complaint under section 18C after student Alex Wood posted on Facebook in 2013: "Just got kicked out of the unsigned Indigenous computer room. QUT is stopping segregation with segregation."
Another student, Jackson Powell, added the comment: "I wonder where the white supremacist lab is." A third man, Calum Thwaites, was accused of writing "ITT N-----s", a claim he vehemently denied.
Ms Prior accused the trio of racial vilification and sued for $250,000 for damages, lost wages and future economic losses. The case advanced from the Australian Human Rights Commission to the Federal Circuit Court in 2015.
![Senator David Leyonhjelm said he would support an inquiry.](/web/20161130104000im_/http://www.smh.com.au/content/dam/images/g/q/s/y/e/2/image.related.articleLeadwide.620x349.gshurj.png/1478296390240.jpg)
Criminal sanctions do not apply for breaches of section 18C, but the court can make orders including awarding compensation.
In a written judgment, Judge Jarrett said the comments by Mr Wood and Mr Powell were in the category of "mere slights" and not "sufficiently profound or serious" to attract the operation of section 18C.
![Liberal senator Dean Smith first called for an 18C inquiry as the first step towards breaking the impasse over changing ...](/web/20161130104000im_/http://www.smh.com.au/content/dam/images/g/r/e/w/e/m/image.related.articleLeadwide.620x349.gshurj.png/1478296390240.jpg)
The comments were not made because of Ms Prior's race and were not reasonably likely to offend, insult, humiliate or intimidate Indigenous people, he said.
As to the post allegedly made by Mr Thwaites, Judge Jarrett said there was "no evidence" to contest his claim that he did not make the comment. He dismissed the claim against all three students.
All but one Coalition Senate backbencher has publicly backed changing Section 18C, and the move also enjoys support in the lower house. A change proposed would be for the words "insult" and "offend" to be removed from the act.
In Hobart, Mr Turnbull said his government was "considering" the proposal for an inquiry and that "nobody wants to encourage or condone hate speech of any kind".
However, the right balance must be struck between protections from hate speech and people's right to free speech.
"In this area, many people feel that the provisions of 18C oppose unreasonable restraints on free speech, or impose restraints on free speech over and above what is needed to prevent hate speech," he said.
"Parliamentary committees are a good way to examine issues of this kind because, of course, everybody with an interest can come and make a submission, can come and put their view, and the various arguments pro and con can be ventilated".
One Nation leader Pauline Hanson said on Friday before the judgment that "regardless of the court's decision today ... it has now become clear that there needs to be a parliamentary enquiry [sic] into 18C".
Nick Xenophon Team party leader Nick Xenophon has indicated concern about the delays in cases such as the QUT case, and could back an inquiry, but he continues to support strong protections from hate speech.
Opposition leader Bill Shorten criticised the Prime Minister for "looking at horse-trading away protections against hate speech".
"Old Malcolm would never have contemplated this," Mr Shorten said. "Every time the bullies on the backbench ask for something, Malcolm Turnbull gives it to them. They can sense his weakness and they will keep exploiting it."
Fairfax Media has been told by senior government sources the 18C inquiry week would probably be held by Parliament's human rights committee, though hearings may not get under way until next year.
Liberal senator Dean Smith first called for an 18C inquiry as the first step towards breaking the impasse over changing the act and negotiations are well advanced with the Senate crossbenchers over the terms of reference for the inquiry.
Liberal Democratic senator David Leyonhjelm, who has previously called for the repeal of 18C, told Fairfax Media he had discussed the inquiry with Mr Turnbull during a Thursday meeting and that the Prime Minister "is sympathetic to it ... I won't be surprised if it is announced next week".
Liberal MP Tim Wilson, a vocal critic of 18C and advocate for change, said the the QUT case shone "another bright light on 18C's dark nature".
"By continuing to oppose any change, Labor is ignoring reality and would rather Australians shut up than speak up," he said. "Students should never be hauled through the courts because they want to question university policy or stand up against segregation.
"The case is not the problem â the law is. This case was a disgrace from day one. Costs have been incurred, reputations tarnished and public money wasted. In its current form, 18C is a badly written law that has no place in a liberal democracy."
"The current law and process vilifies people for having opinions. Reform is overdue to end the culture of censorship 18C is breeding."
Liberal MP Andrew Hastie said after the judgment was handed down: "Sanity has prevailed; this should never have gotten to this point.
"The process has been the punishment â the anxiety, financial cost and personal cost to the three students involved can't be measured and that why we need to amend this act."
Conservative senator Eric Abetz said the ruling was good news but "irrespective of the outcome, the students will be the losers" and will forever be unfairly associated with the matter in Google searches.
"Sure, they have won but they have had their name trashed for three years by the Human Rights Commission. They've had uncertainty, denial of natural justice, the full force of the commission against them," he said.
He said the legislation should be amended urgently to stop the Human Rights Commission's "frolics" but welcomed the suggestion of a parliamentary inquiry and the Prime Minister's apparent openness to it.
Liberal senator James Paterson said: "Defenders of the law will no doubt argue that the dismissal of the case proves there is no need to change 18C."
"This shows callous disregard for the welfare of three innocent students whose lives have been damaged by a tortuous three-and-a-half year case," he said.He said an inquiry was "the best path forward" to achieve real and viable change.
Senator Leyonhjelm said that, at this stage, he would not back the government's industrial relations bills and that discussion about 18C had taken place in that context.
He said an inquiry was the way to move things forward and "I would support it".
QUT students win over 18C pyrrhic victory 4 #FreeSpeech. Process vilifies & bullies 4 opinions. Reform overdue 2 end censorship culture
â Tim Wilson MP (@timwilsoncomau) November 4, 2016
Regardless of the courts decision today in Brisbane it has now become clear that there needs to be a parliamentary enquiry into 18C #auspol
â Pauline Hanson (@PaulineHansonOz) November 4, 2016