The false analogy between vilification and sedition

Gelber, Katharine (2009) The false analogy between vilification and sedition. Melbourne University Law Review, 33 1: 270-291.

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Author Gelber, Katharine
Title The false analogy between vilification and sedition
Journal name Melbourne University Law Review   Check publisher's open access policy
ISSN 0025-8938
Publication date 2009
Sub-type Article (original research)
Open Access Status File (Publisher version)
Volume 33
Issue 1
Start page 270
End page 291
Total pages 22
Place of publication Melbourne, VIC, Australia
Publisher Melbourne University Law Review Association
Language eng
Abstract In 2005, the Commonwealth introduced new sedition laws which created the offence of '[u]rging violence within the community'. The construction of this offence is the product of a false analogy that has been drawn between vilification and sedition. This article critiques both the analogy and its implications, arguing that vilification and sedition are conceptually distinct and, indeed, directly counterposed to one another. Analogising the concepts has two unintended and undesirable consequences. First, the institutionalisation of the analogy in a component of the new sedition laws has contributed to significant weaknesses in the construction of that law. Secondly, a failure to differentiate sufficiently between the core rationales for legislating against vilification and legislating against sedition could have consequences for the ways in which the public understands these offences. Specifically, it could both undermine the justification for anti Vilification laws and, conversely, provide friendly cover for an anti terrorism provision which ought instead to be debated on its own merits.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: School of Political Science and International Studies Publications
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Created: Thu, 22 Sep 2011, 09:48:18 EST by Dr Katharine Gelber on behalf of School of Political Science & Internat'l Studies