From: j.stokes@student.anu.edu.au (Jason Stokes) Newsgroups: aus.censorship,aus.music Subject: [Music-Censorship-Notes] Race discrimination commissioner threatens possessors of racist music with prosecution. Date: 10 Dec 1996 03:18:35 GMT -- Race discrimination commissioner threatens possessors of racist music with prosecution. -- A taste of things to come with ARIA labelling - Major US retail chain imposes de-facto music censorship. Well, time for media watch again with your special correspondant Jason Stokes. If anyone spots anything relevant to the music censorship issue, please let me know! Free speech is tested on racism issue ------------------------------------- The Sunday Age of 24th November reports the federal race discrimination commissioner, Ms Zita Antonios has warned people in possession of racist music can be prosecuted under the federal anti-discrimination laws. The action comes as a result of lobbying by the Jewish community, notably the B'nai B'rith Anti-Discrimination Commission, who have informed the commisioner of the availability in Australia of music recordings with racist and neo-nazi propoganda in them. Make no mistake, we are talking about extremely vile and offensive stuff here. An inset in the article quotes these lyrics from band "No Remorse": 'Exterminate Ya' Weve gotta get rid of the niggers and the Asians We've gotta hang the reds, We've gotta make sure the Jew is finally dead, Here's what we'll do, you filthy Jew. Exterminate ya, cremate ya, As long as we've done what we've had to do And rid the Earth of the Eternal Jew. Additionally, the article says the band "No Remorse" was favoured listening material of convicted neo-nazi thug Dane Sweetman. Ms Antonios was quoted as saying that under racial hatred laws, the commission could deal with "anyone connected with the music" and penalities can involve public apologies, the destrucion of the offending material, and payment of compensation to aggreived parties. She also said she did not believe the Criminal Code did not go far enough for bands inciting violence. If we were living in the US, I could simply explain that such actions break the first amendment guarantee of free speech, and be done with it. As we live in Australia, no such principles apply. To interpret this as an act of unjustifiable censorship breaks the liberal consensus that suppressing racist speech is not only good, but codified in human rights law. Unfortunately, that's what I have to do. So, a couple of comments: I really was surprised by Ms Antonios's claimed powers; if true, the powers that are claimed by Ms Antonio are some of the most sweeping in Australian communications law. Previously, the only laws that criminalised *possession* were the child-pornography laws. Secondly, Ms Antonios's resolve to increase the penalties for "bands inciting violence" should be very worrisome. It is next to impossible to codify a standard of incitement that does not target speech many would consider legitimate. For example, revolutionary socialist bands like Rage Against the Machine or Consolidated. Try "Fistful of Steel" or "Voting with a Bullet" - I doubt even the titles would get past the censors now. Such standards inevitably hand to the authorities powers that should make you uncomfortable. For example, the Free Speech Committee claims that East Timorese dissidents have been refused entry to Australia over claims that they incite violence - against the Indonesian aggressors. And of course our generals can go on TV and incite violence against Iraqis any time they want to. A taste of things to come with ARIA "self-regulation" - WAL-mart De-Facto -------------------------------------------------------------------- Censorship ---------- Remember I warned about the US experience of major retail chains using warning stickers as a basis for suppressing sales of what they consider "objectionable?" This is from "The First Amendment Update" from 29th November (fau@listproc.bgsu.edu): The largest seller of popular music in the USA is Wal-Mart, a huge retail chain. In 1995, Wal-Mart sold approximately 52 million compact disks (CD's) to American citizens. According to an above-the-fold report on page 1 of the 12 November 1996 _New York Times_, Wal-Mart's (begin excerpt) refusal to stock albums with lyrics or cover art that it finds objectionable has long been a frustration for some customers, musicians, and record industry executives. (content deleted) Because of Wal-Mart's clout, record labels and bands will design different covers and booklets, omit songs from their albums, electronically mask objectionable words and even change lyrics in order to gain a place on Wal-Mart's shelves. (end excerpt)
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