United nations hri
J. Right to privacy, right to freedom of thought, conscience and religion
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- (i) Privacy
- Private sector
- Protection of human genetic information
- (ii) Freedom of thought, conscience and religion
- K. Freedom of opinion and expression
- (i) Prohibition of incitement to discrimination, hostility or violence
- (ii) Sedition offences under the Anti-Terrorism Act (No 2) 2005
J. Right to privacy, right to freedom of thought, conscience and religion
310. The right to privacy and freedom of thought, conscience and religion are strongly upheld in Australia. Recent developments which relate to Australia’s obligations under the above articles are detailed below. (i) PrivacyPublic sector311. Since 1997, five Australian jurisdictions, apart from the Commonwealth, have introduced privacy legislation for the protection of personal information held by the public sector at the State level. The remaining States have administrative schemes in place. These legislative and administrative schemes reflect the existing Commonwealth Information Privacy Principles set out in the Privacy Act 1988 (Cth) (the Privacy Act). Private sector312. Since 2001, the Privacy Act has regulated the handling of personal information by private sector organisations through the introduction of the National Privacy Principles (NPPs). The NPPs prescribe minimum standards for the collection, holding, use, disclosure and transfer of personal information by private sector organisations. The NPPs are intended to ensure Australians can be confident that information held about them by private sector organisations will be stored, used and disclosed in a fair and appropriate way. Under the Privacy Act business and industry may choose to be bound by the NPPs as described in the Privacy Act, or incorporate them directly into a binding business or industry-wide privacy code. As at July 2006, two industry based privacy codes had been approved by the Privacy Commissioner, with another five being drafted for consideration. Protection of human genetic information313. The Australian Law Reform Commission (ALRC) and the Australian Health Ethics Committee of the National Health and Medical Research Council undertook an Inquiry into the Protection of Human Genetic Information in Australia from 2001 to 2003, and reported to Parliament in May 2003 (ALRC 96 Essentially Yours). The report, available at (ii) Freedom of thought, conscience and religion314. As mentioned above at paragraph 52, religious freedom is protected under the Constitution. The Australian Government has also undertaken a number of initiatives to support harmonious relationships between people of different cultures and religious backgrounds in Australia, in order to promote and protect the freedom of thought, conscience and religion. For example, the Joint Standing Committee on Foreign Affairs, Defence and Trade’s Report, Conviction with Compassion: A Report on Freedom of Religion and Belief, was tabled in Parliament on 27 November 2000 and is available at 315. During 2003 and 2004, HREOC undertook the project Ismaع - Listen: National consultations on eliminating prejudice against Arab and Muslim Australians, with the aim of exploring whether Arab and Muslim Australians were experiencing discrimination and vilification post September 11. 316. As discussed at paragraphs 236-237, the Australian Government has, together with the Muslim Community Reference Group, developed a National Action Plan to Build on Social Cohesion, Harmony and Security. The Australian Government is funding a range of initiatives under the Plan to address extremism and intolerance in the Australian community. These initiatives will promote greater understanding and tolerance in the wider community in relation to different religions and beliefs. 317. The Australian Government is spending some $20.5 million over the next four years on the refocused Living in Harmony program to enhance mutual respect between Australians and promote community participation. The program does this through four components:
K. Freedom of opinion and expression
318. In accordance with Australia’s obligations under the above articles, all Australians are free to express themselves, subject only to appropriate limitations as provided for under these Articles. Recent developments concerning these rights are outlined below. (i) Prohibition of incitement to discrimination, hostility or violence319. Some NGOs have raised concerns about the role of the internet in promoting racial and religious hatred. 320. The Crimes Legislation Amendment (Telecommunications Offences and Other Measures) Act (No 2) 2004 introduced an offence dealing with the use of a carriage service in a way which is intentionally menacing, harassing or offensive. This offence applies to both the use of a carriage service in a menacing, harassing or offensive way, and to the use of a carriage service to communicate content which is menacing, harassing or offensive. The offence provides that reasonable persons must regard the use of the carriage service, given all the circumstances, as menacing, harassing or offensive. This allows community standards and common sense to determine whether the conduct is in fact menacing, harassing or offensive. 321. Examples of the type of use of a carriage service the proposed offence may cover include usage that would make another person apprehensive as to their safety or well-being or the safety of their property, usage that encourages or incites violence, and usage that vilifies persons on the basis of their race or religion. The offence does not capture internet material advertising or advocating peaceful protest action.
323. The right to freedom of expression under article 19(2) of the ICCPR may be subject to restrictions provided by law, and that are necessary for the protection of national security and public order. The Australian Government is satisfied that restrictions on communication imposed by the measures outlined above are necessary for the protection of national security. The Australian Government is also satisfied that the defence of “good faith” will adequately ensure that people who make comments without seeking to incite violence or hatred will not be deprived of the freedom of speech. Indeed, subsection 80.2(5) is in part implementation of article 20 of the ICCPR which requires State parties to prohibit advocacy that incites violence, discrimination or hostility. 324. An independent review of the offence of sedition has been conducted by the Australian Law Reform Commission. Information on the inquiry is available at Download 1.91 Mb. Share with your friends:
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