The comments allegedly directed at outgoing Labor senator Nova Peris by NSW chiropractor and former Liberal Party member Chris Nelson — he claims to have been “hacked” — are disgusting and extraordinarily offensive. The comments that appeared under his name call Peris a “black cunt” who should “go back to the bush and suck on witchety grubs and yams”, among other abuse.
Nelson, if responsible for the comments, certainly deserves the public contumely directed at him and can have no complaints if clients who may have patronised his business decide to take their custom elsewhere.
But should Nelson be charged with a criminal offence? He’s been charged with using a carriage service to menace, harass or cause offence, a vaguely worded section of the Criminal Code. No reasonable person would have a problem with using a phone or the internet to menace or harass someone (usually the latter involves either threatening or repeated communication) being defined as criminal behaviour. But “offensive” — while plainly applicable in this instance — is far more problematic. “Offensive” could be used to describe a great many of us in our online behaviour, even if, thankfully, few of us are guilty of the nauseating bigotry directed at Nova Peris.
Menacing or harassment are appropriately part of the offence; other forms of hostile communication like vilification — which in some states involves incitement to violence, in others merely involves inciting hatred — might also be worthy of inclusion. And Nelson’s alleged conduct might even fall under vilification, were it included in the Criminal Code.
But his prosecution draws attention to the fact that we currently have a criminal law against causing offence. And jailing someone merely for causing offence is unacceptable, especially in a country where there are already too many impediments to free speech.
Come back (or should that be go away?), Sect 18C – nothing is forgiven.
Blot is still silenced. Apart from his SKY, 2GB, mudorc media outpourings.
Offensive is pretty subjective.
It would be pretty hard to justify a prison sentence in this case, especially because the precedent was set when Julia Gillard suffered the same disgusting torrent of abuse while in office. Best sentence for the twit Nelson, is for his electorate to dump him, provided he is made to carry his “cross” in public, for all to see.
The precedent set against Julia Gillard is exactly why it needs to be stopped. A prison sentence can be handed out to an Aboriginal person for stealing a packet of chips which is of no consequence to a shop. On a gravity scale feeling entitled to abuse a woman publicly is of much greater danger to society as it undermines women seeking public office. This is a much greater threat to free speech.
The comment was part of a string of harassing comments from this twitter account that would constitute stalking, as well contravening racial vilification laws. Just because he was too cowardly to swear to her face doesn’t make the comment less offensive. Because he commented on line he can’t deny he said it, the comment lives forever, and the perpetrator should suffer the consequences of their actions
Chiropractors have never not been weird obsessives – the sort of freak feels no compunction ripping off people with dodgy practices.
Imagine someone so deluded that they gabbled in glossolalia in the deranged belief that they are talking to supernatural entities being elected to political office – no electorate could be that stupid.