The weaponisation of free speech under the Morrison government

ABSTRACT

In recent years, the concept of ‘free speech’ appears to have reached a position of significant prominence in public debate. In this context, we ask how the concept of free speech was used discursively by the Morrison-led government. Utilising a political discourse analytic approach, and examining texts from 2019 to 2021, we argue that, and show how, the government engaged in multiple discourses around free speech that were incompatible, inconsistent and incoherent. These inconsistencies and discontinuities were so significant as to render this a ‘weaponisation’ of free speech discourse. Thus, the article both reveals the complexities of the Morrison government’s discursive positioning of free speech, and renders sensible the otherwise nonsensical way in which ‘free speech’ was used to garner support for a range of public policies.

近年来，“自由发言”似乎在公共辩论中到达了一个很高的位置。我们要问，莫里森政府是如何使用自由发言论这一概念的。本文采用政治话语分析方法，研究了2019到2021年的文档，指出并说明政府参与有关自由发言的多重讨论既不系统、又不统一、也不连贯。这种支离破碎是造成自由发言 武器化的重要原因。本文指出了莫里森政府对“自由发言”混乱定位有其复杂性。用该说法收获对一系列公共政策的支持，只是用得没什么道理，本文则把它整理得有道理一些。

KEYWORDS:

• Free speech
• weaponisation
• public debate
• political discourse analysis
• Australia

Disclosure statement

No potential conflict of interest was reported by the author(s).

Notes

1 The Oxford English Dictionary notes several definitions for weaponise, both literal and figurative. Figuratively: ‘to use or repurpose (something) in order to undermine, criticise, or oppose others, or in order to spread discord’. The Macquarie Dictionary: ‘to use (something, such as an issue, gender, race, religion, etc.) as a means of attack or to cause injury or harm’.

2 The Advertiser (Adelaide), the Age (Melbourne), the Australian, the Courier Mail (Brisbane), the Herald-Sun (Melbourne), the Hobart Mercury (Hobart), the Northern Territory News (Darwin), the Sydney Morning Herald (Sydney), the Sun Herald (Sydney), and the West Australian (Perth).

3 We used Factiva to search for articles, letters to the editor, and editorials. We excluded identical duplicates and extraneous newspaper items, like sports, obituaries, and market data.

4 Higher Education Support Amendment (Freedom of Speech) Act 2021 (Cth).

5 Smethurst v Commissioner of Police [2020] HCA 14, 9.

6 Smethurst v Commissioner of Police, 44.

7 Smethurst v Commissioner of Police, 104.

8 Exposure Draft, Religious Discrimination Bill 2019 (Cth).

9 Exposure Draft, Religious Discrimination (Consequential Amendments) Bill 2019 (Cth).

10 Second Exposure Draft, Religious Discrimination Bill 2019 (Cth).

11 Religious Discrimination Bill 2021 (Cth), Religious Discrimination (Consequential Amendments) Bill 2021, Human Rights Legislation Amendment Bill 2021.

12 Cth, Parliamentary Debates, House of Representatives, 10 February 2022, 310 (Paul Fletcher, Minister for Communications, Urban Infrastructure, Cities and the Arts).

13 Explanatory Memorandum, Social Media (Anti-Trolling) Bill 2022 (Cth) 2.

14 Cited in Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3, 64.

15 Commonwealth, Parliamentary Debates, House of Representatives, 25 November 2021, 10811 (Scott Morrison, Prime Minister and Member for Cook).

16 Religious Discrimination Bill 2022 (Cth) s 12.

17 Anti-Discrimination Act 1977 (NSW), ss20C, 38S, 49ZT, 49ZXB; Anti-Discrimination Act 1991 (Qld), ss124A, 131A; Crimes Act 1900 (NSW), s 93Z; Criminal Code 1913 (WA), ss 76-80H; Discrimination Act 1991 (ACT), s67A, Racial and Religious Tolerance Act 2001 (Vic), ss24, 25; Racial Discrimination Act 1975 (Cth), s18C; Racial Vilification Act 1996 (SA), s4.

18 Cth, Parliamentary Debates, House of Representatives, 25 November 2021, 10814 (Scott Morrison, Prime Minister).

19 Cited in Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3, 64.

Additional information

Funding

This work was supported by Australian Research Council [grant number DP190100266].

Notes on contributors

Katharine Gelber

Katharine Gelber is Head of the School of Political Science and International Studies at the University of Queensland, a Fellow of the Academy of Social Sciences Australia, a former Australian Research Council Future Fellow (2012-2015), and a former President of the Australian Political Studies Association. Her expertise is in freedom of speech and speech regulation, with research projects into the regulation of hate speech, especially online, and other allegedly harmful speech. Her recent publications include the jointly edited Free Speech in the Digital Age (Oxford Uni Press, 2019) with Susan Brison, and Free Speech After 9/11 (Oxford Uni Press, 2016) as well as articles in Journal of Public Policy, Parliamentary Affairs, Law and Society Review, Political Studies, Contemporary Political Theory, Melbourne University Law Review, Review of International Studies, and the Australian Journal of Human Rights.

Molly Murphy

Molly Murphy is a Sessional Lecturer at the School of Political Science and International Studies at the University of Queensland. Their research interests include free speech, counter speech, public discourse, and speech-based harms.