Attorney-General George Brandis has denied draft laws unveiled yesterday would make holocaust denial legal, after The Opposition suggested the changes to the Racial Discrimination Act would prevent Jewish leaders taking action, as they did in the Federal Court against Fredrick Toben.
“It all depends on the particular facts but, might I remind you, that racial vilification would always capture the concept of Holocaust denial,” the Attorney-General told ABC Radio.
“For those who are concerned about Holocaust denial, I can’t see how Holocaust denial fails to be racial vilification.
“Toben, as I understand his particular case, wasn’t involved in the public discussion of a matter — he just put some racist nonsense on his website.”
Robert Todd, one of Australia’s most-respected media lawyers told Business Insider a broad exemption included in the draft laws would not excuse any offensive opinions unless a court found they were made as part of a relevant public debate.