Vilification Flashcards
Vilification is
by public act, to incite hatred towards, serious contempt for, or severe ridicule of, a person or group on the ground of race, religion, gender, sexual identity of persons.
What are defences for vilification
act done ‘reasonably and in good faith’ for academic, artistic, scientific, research purposes, purposes of public interest
What is racial vilification?
unlawful for a person to do an act, otherwise, than in private if act is reasonably likely, in all circumstances, to offend, insult, humilitate or intimidate another person or group, and the act is done because of the race, colour or national or ethnic origin of other person
What is race defined as
including nationality or national origin, colour, descent or ancestry and ethnicity or ethnic group.
Ethnic group requires
long shared history which group is conscious
cultural tradition of its own
Defences for vilification are simliar, meaning;
allowing that conduct is resonably and in good faith
What does reasonable mean?
there is a rational relationship to one of the protected activities and is not disproportionate to what is needed to carry out that activity
What does Good Faith require?
excercise of prudence, caution and diligence in taking due care to avoid or minimise the risk of harm and degree of harm likely to result from words or act
What are the remedies for Vilification?
apology
retraction
compensation
development and implementatin of a programme aimed at eliminating vilification