Australian man arrested over racist statements on Social Media

This silly argument begs the question. What ARE the laws in Australia? I know for certain that libel laws are different in the UK and more restrictive than in the US, but I don't know about Australia. The question is: Did this guy violate an Australian law, yes or no? His statement was pretty hateful, for sure, but was it illegal?

Well, what he wrote wasn't the most educated thing he could have posted, certainly more like pub talk after a few beers.

Which is what the internet has become...one big talk and whinge fest.....anyone can have a voice...as you Americans say "sitting in your Mamas basement, being a keyboard cowboy"

Ms Nova Peris is getting out of Politics....because she is Sick of Politics.....some people are made to lie, cheat, be 2 faced etc, etc....like lawyers and Politicians......some people aren't...like Nova Peris.

She probably thought she could make a difference, but found the "Political Machine" only works in one way, so its My way or the Highway. No room for people with free thought or buck the system ideas.

As far as "Black"...she is Part Indigenous Australian, in fact she looks more like an Indian person, than a "Black" Australian person.
Which is basically what Indian tribes are, the uppercasts are mix of white Euro/South Asian, the lowers are the more Australian Indigenous type dark tribes. In fact native Indian and Australian Native DNA is virtually the same, they are related peoples.

Either way, arresting someone for pub talk, is more Vile and insulting, than just passing it off, forgetting about it and let it fade out......Now it has made World wide headlines, Embarrassed the actual person who didn't want anymore attention (Nova Peris), and cause more hatred and anger at "The Man"/The Establishment/snowflakery/poor fella me etc etc.

a reply to: schuyler

As ridiculous as it might seem, have a look at this link (I bolded the relevant lines to save time):

Cybercrime

Cybercrime is now a sophisticated transnational threat that operates on a significant scale and has become an increasingly important issue for the global community. In Australia, ‘cybercrime’ is used to describe both crimes directed at computers or other information communications technologies (ICTs) such as hacking and denial of service attacks and traditional crimes where computers or ICTs are an integral part of the offence such as online fraud, money laundering and identity theft. The online distribution of child exploitation material is also a very prevalent form of offending.

There are specific Commonwealth computer offences relating to the unauthorised access and modification of data and the impairment of electronic communications.
Commonly Used Offences

s.478.1(1) Criminal Code – unauthorised access to, or modification of, restricted data
s.477.3(1) Criminal Code – unauthorised impairment of electronic communication
s.474.17 Criminal Code – using a carriage service to menace, harass or cause offence

Penalties

The maximum penalty for unauthorised access to, or modification of, restricted data is 2 years imprisonment.

The maximum penalty for unauthorised impairment of electronic communication is 10 years imprisonment.

The maximum penalty for using a carriage service to menace, harass or cause offence is 3 years imprisonment.

Source

A legal positivist would probably argue that according to the law he is guilty and should be prosecuted. Case closed.

However, I believe the vast majority of people would take issue with the wording of the law if they knew it even existed, especially the "menace" and "cause offence" parts.

ETA: "Harass" is rather clear, but "to menace" or "cause offence" are largely open to interpretation and subjective. Plus in this particular case, it could be argued that the senator was guilty of behaviour that could be considered "menacing". It's a pathetic law that makes us look like a nation of wimps.

a reply to: Dark Ghost

I don't know why the police couldn't have just sent a letter. Or why FB couldn't send an email saying essentially "Knock it off." Suspend his account?

Arrests for this level of dickheadedness are a waste of resources.

I agree with a law relating to harassment over internet, phone or letters. There are some hateful people in this world and some of the worst of them are the reason why these laws come to be. Surely there should be a recognisable sliding scale when it comes to proportional reactions?

a reply to: Kandinsky

Those alternatives are too sensible. Why respond logically and reasonably to the situation when you can complicate things and make mountains out of molehills?

There are also political elements that benefited well from the way the story has been presented, changing it from a civil dispute into a political one.

a reply to: Dark Ghost

Yes, a lot of forces feel emasculated by their inability to shout 'retard' or ''n-word'' at people.

"People need to grow a thicker skin and stop being offended by words."

People could also stop picking words they know will offend and then blaming the target for being pissed off.

Compromise.

a reply to: Dark Ghost

s.474.17 Criminal Code – using a carriage service to menace, harass or cause offence

I could easily toss out harass and menace, but since the wording says or and not and the charge for causing offence sticks. Now our quest is to figure how we get it dropped by proving he either never intended to cause offense, or that the subject was never offended to begin with.

Thats a tough case to fight, but I would pursue it if the money was there. If it were me representing, I would negotiate for a dismissal in exchange for an open and public apology and maybe if they push refraining from using social media for an amount of time he can compromise with. If it were me actually being charged, I would give them the finger, scream profanities, and go to trial with a crusade to change the law and have that line amended by having cause offense stricken from the statute. I would still lose on the technicality and it would be interesting to see what the jury would recommend for a sentence.

I would be willing to do the 3 years, it would probably start riots within six months when it never goes away after the circus that ensues from the trial. I have no doubt though that this dude will settle and end up apologizing.

Thank God I live in America.

a reply to: Kandinsky

Yes the comments were rascist but as an Australian I can tell you her appointment was purely political, she was an aboriginal hockey player in a gold medal team and she was appointed unelected to a retiring Senators position.One should expect a Senator to be a bit thicker skinned.

a reply to: Kandinsky

People should definitely take ownership of their own actions and reactions to others. (A wise member from ATS introduced me to this concept).

But as the law currently stands, if I were to say "You, Kandinsky, are a poor moderator and should try find something you are actually good at" I could technically be prosecuted by the law. (For the record, I think you are a great moderator, just using an example to show how ridiculous the law is.)

a reply to: khnum

I think nearly all politicians are assholes and their business model self-selects for more assholes.

She might be an asshole too and I still wouldn't choose the words used by the focus for this OP. He chose to offend and chose his words carefully enough imho.

a reply to: Kandinsky

Julia Gillard,Julie Bishop my countries politics produces some prize Machievelian bitches also,yes he did choose his words carefully but she has played the victim card/white guilt thing for a long time which does tick some folks off.

a reply to: Dark Ghost

I think your example would be fine in any nation barring North Korea

Particularly as I have good days and bad days as a mod...trust me! Mistakes, I've made a few...

We could probably call Trump, Cameron, Clinton, Merkel 'bad at your jobs' on any social media and be fine. People saying Cameron 'enjoys the bacon' or Trump is 'very close to his daughter' (if you know what I mean) is a different matter and away into the land of libel. People can be cruel.

Then again, people are stupid too if they go too far with what's acceptable free speech. It's fluid and should remain so.

originally posted by: khnum
a reply to: Kandinsky

Julia Gillard,Julie Bishop my countries politics produces some prize Machievelian bitches also,yes he did choose his words carefully but she has played the victim card/white guilt thing for a long time which does tick some folks off.

I wouldn't know about any of that.

Perhaps he should have posted words to the effect that she's a product of a corrupt system? Would that have attracted a visit from the police?

a reply to: Kandinsky

Perhaps he should do some research and find out virtually all social media co-operates with spooks and either not post there at all or not post anything his grandmother wouldn't approve of

a reply to: kaylaluv

Sadly, in Australia, it is us The Australian people who are getting insulted by the you know who's and no one gets arrested. All we hear are excuses ...... here's just one example ... www.heraldsun.com.au... 55

Australia - I went to sleep and woke up In North Korea, this Country has become so controlled it's not funny. Its time we took it back and voted out the Corpratacracy that is the Liberal Government and vote in the Party that doesn't want you to work for nothing in a sweat shop till you die.

just testing my computers playing up

a reply to: Dark Ghost

Just goes to show suppression of free speech is has spread to Australia

a reply to: kaylaluv

before they came out with ridiculous hate crime laws in order to coddle and brainwash people there were conspiracy laws, so if someone was speaking to people in order to actively break the law they then would pay the price and even more if crimes were committed due to the conspiracy committed.

Hate crime laws are a joke and only used to further enslave us, and its people like you that need these laws as to feel "safe"

you think "hate" law in America is great, yet you and people with the same mind set is the reason why America is falling and will soon be a scary place to live.

the answer to freedom and happiness is not more laws written by a corrupt goverment,

but removing these laws so we as a people can work together without the fear of offending someone

Hear in aus if you claim less then 6 million jews suffered in ww2 you would be extradited to Germany and in prisoned for up twenty years reply to: Dark Ghost