Sedition law: 'big stick of scoundrel governments'

Doug Lorimer

A number of submissions made to the Senate legal and constitutional legislation committee's inquiry into the Howard government's Anti-Terrorism Bill (No 2) 2005, which will issue its report on the bill on November 28, have highlighted the bill's attempt to criminalise peaceful political dissent through its proposed new sedition laws.

One of these proposed new laws is to make it an offense, punishable by up to seven years' imprisonment, for a person to urge another to commit conduct that is intended to "assist, by any means whatever" (except by humanitarian aid), any organisation or country that is engaged in armed hostilities with the Australian Defence Force (ADF).

In its submission to the Senate inquiry, the government's own Human Rights and Equal Opportunity Commission (HREOC) notes: "The term 'assist' is not defined in the bill. The Macquarie Dictionary (Third Edition) defines 'assist' as meaning, 'to give support, help or aid'. The intended breadth of that term is underscored by the phrase 'by any means whatever'. These provisions will therefore apply regardless of the degree to which the conduct urged by the person would 'assist' the organisation or country, or of the type of 'assistance' that the conduct would provide."

The HREOC is concerned that this proposed new offence will severely restrict freedom of political speech: "For example, an Australian peace activist sends letters to ADF personnel and their families containing photographs of Iraqi children alleged to have been maimed by coalition forces and urging them to not to be deployed in Iraq. Such action could be said to 'urge another to engage in conduct' (not to be deployed) that will 'assist' (by compromising ADF capability in Iraq, or at least lowering morale) insurgent 'organisations' currently 'engaged in hostilities' with the ADF in Iraq."

In its submission, Civil Liberties Australia (CLA) points out that this new sedition offence, "would legitimise unproclaimed wars" of the government and "potentially silence criticism of hostilities of which even the Australian government does not approve ...

"It is easy to envisage a situation where an Australian service person on secondment with United States forces could cause this clause to have effect in a country or conflict anywhere in the world ...

"The same awkward and embarrassing situation potentially applies in relation to many other countries. Australian personnel serve, have served or are likely to serve with armed forces of many countries ..."

The CLA observes that this new sedition offence is to be used at the discretion of the attorney-general and "allows the silencing of criticism by permitting the issuing of a warrant and the making of an arrest, detaining someone or charging and releasing them on bail. It is easy to envisage this section being used to slap a regime of silence on one or more people."

The CLA points out that, "Sedition is an offence of the mind, and also the 'big stick' of scoundrel governments wanting to silence dissent. The offence occurs in the mind of the government, and massive state resources and media attention are then brought to bear on an individual or group at odds with the government position."

The purpose of the new "modernised" sedition laws is to enable the Australian government to legally silence dissent against this and future Australian governments' support for, and participation in, US-led invasions and occupations of Third World countries that refuse to open themselves up to US corporate domination — from Iraq today, to Iran, Venezuela and Cuba in the future.

From Green Left Weekly, November 30, 2005.

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From GLW issue 651