We fact checked Tanya Plibersek about religious vilification laws. Here's what we found

  • 📰 abcnews
  • ⏱ Reading Time:
  • 45 sec. here
  • 2 min. at publisher
  • 📊 Quality Score:
  • News: 21%
  • Publisher: 83%

Law Law Headlines News

Law Law Latest News,Law Law Headlines

If this woman were yelled at for her hijab on a Sydney train would she have no legal protection?

, a person "must not use offensive language in or near, or within hearing from, a public place or a school".authored by Professor McNamara and Julia Quilter, a professor of law at the University of Wollongong, it was "well settled" that the test for whether something was offensive was "an objective one of the reasonable person".

Professor McNamara noted that while there was legal precedent for using section 4A of the Summary Offences Act in the context of racist remarks, he was not aware of any instances of it being used in cases involving offensive language directed at a person's religion. Further, Professor McNamara said that yelling, as described by Ms Plibersek, was "not by definition offensive"."Merely yelling at a woman to remove her hijab would probably not be considered offensive language under the Summary Offences Act," he said.

Professor Quilter pointed to the Passenger Transport Regulation, which makes it a criminal offence for a person "in or on a public passenger vehicle or train" to "behave in an offensive manner", "use any offensive language" or "wilfully interfere with the comfort or safety of other persons".

 

Thank you for your comment. Your comment will be published after being reviewed.
Please try again later.

Why would a woman wear a. Item of discrimination forced on them by men when they reach a free country.

Currently she would have some protection under the racial/religious vilification laws but those are being eroded by the federal gov’t religious freedom laws.

If media outlets push Islamophobia and Sinophobia should they be held legally accountable?

Why does the ABC bring up such clap trap rubbish 🗑 that encourages and excites ideas to make negative comments 🙄 We encounter women dressed similarly every day and its Normal in Australia to see. Get over it and find something Newsworthy 🙄

. But she'd still have more rights than a woman in Arab countries...

I initially thought it a hoodie

Under the statements of belief, If vaccines were against a person's religion, would they have legal protection 🤔

Maybe just wear a big mask😎😂🤣thats ok.

ABC worried about yelling but not Muslims actually being killed, tortured or being forced from their homes in the middle east. Assange is the one defending mulims not the ABC.

Do the people in stores being yelled at by Kevin's and Karen's have legal protection?

Better than being sent to jail for not wearing one. Only reflects on the dumb person doing the shouting.

Isn’t it a given that if you jump on a train some nut job is going to yell at you?

Funny how when the ABC fact check Labor it's 'Overreach' but when it's Liberal it's 'False' strange that. 😉

The whole concept of the hijab and Muslim religion is stupidity and based on one guys use of the old testament Bible which was plagerised from the original Egyptian Book of the Dead and demeaning to women.

I almost yelled at the hijabbed Coles checkout chick last week when, after I’d waited for her to process a big shop for someone, she impatiently waved me away saying ‘Go to two. Go to two.” I said you might have told me before. Mussi women can be disrespectful of us whiteies.

good

I am sure it happens to everyone got yelled at for whatever reasons sometimes in the street or station. What we do? We ignore it and walk away.

😂 Tanya is constantly overreaching.

tanya_plibersek Define Woman 1- Adult Human Female 1- Anyone who self identifies as one Oh wait she already did in 2013. Her answer is Anyone who self identifies as one. sexnotgender biologynotideology SaveWomensSports

When there’s a slow news days, let’s bring up Islamic issues. That will get people talking and clicking.

If the train left Sydney at 9 am and had 4 stops enroute to Newcastle how many teaspoons would fit in the VW

honestly has any asian been slammed by racial slur was ever been seriously concerned in australia before

Women are not allowed to define their very *existence*, as *female*, or advocate for sex based rights, safety & dignity w’out being called transphobic. Protecting sex, not gender, is what will protect women and girls. auspol WomensRights biologyisnotbigotry

Anything that supports a Terrorist organisation that Fraudulently hides behind a so called religion.... Should be made illegal... & therefore be prohibited & illegal to wear in Public....

Save yourself a click: she would have a fair level of protection

Yelling … soon to be illegal. But only if it’s a female being yelled at. If a white guy is wearing a MAGA hat … fill your boots. If a female is yelling at a guy … join in … he probably deserves it👍🏻

Fancy that, a Labor MP lying to the public for political gain.

We have summarized this news so that you can read it quickly. If you are interested in the news, you can read the full text here. Read more:

 /  🏆 5. in LAW

Law Law Latest News, Law Law Headlines