Amends the Criminal Code Act 1995 to introduce three new offences relating to the incitement of trespass, property damage or theft and unlawful obstruction of traffic in central business districts and other centres of significant business or cultural activity in Australia.
The bill aims to address the misuse of carriage services to plan and incite activities causing significant economic disruption, ensuring that organisers face due punishment while balancing the right to protest with public safety and property rights.
The bill should be supported because it seeks to enhance public safety and protect private property rights by deterring and punishing the incitement of disruptive and illegal activities in key business areas. By targeting those who incite such acts, the bill aims to prevent significant economic disruption and maintain societal order, which is fundamental for a stable society [Judgment]. The inclusion of exemptions for journalists and whistleblowers ensures that the bill respects freedom of speech and the right to report in the public interest.
The bill should be opposed because it poses a risk to democratic freedoms by potentially curtailing freedom of expression and the right to protest. The broad scope of the bill could lead to the criminalization of legitimate dissent and activism, especially in cases where digital communication is used to organize protests [Judgment]. Moreover, the presumption that a carriage service is used for incitement could lead to overreach and unjust prosecutions, thus stifling intellectual discourse and political engagement.
2023-02-08
Before Senate
ANTIC, Sen Alex
Unspecified
Criminal Law Reform, National Security, Democratic Institutions