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Australian sedition law was an area of the criminal law of Australia relating to the crime of sedition.
Effectively defunct for nearly half a century, these laws returned to public notice in 2005 when changes were included in an Anti-terrorism Bill announced by Prime Minister Howard prior to a "counter-terrorism summit" of the Council of Australian Governments on 27 September.
The Bill was introduced on 3 November and passed into law on 6 December 2005 after government amendments adding some protection for the reporting of news and matters of public interest were introduced in response to community pressure.
Early prosecutions for sedition in Australia include:
During the First World War Sedition laws were used against those who opposed conscription and war, in particular the Industrial Workers of the World (IWW) in Australia. [1] In 1916 members of the IWW in Perth were charged with sedition including 83-year-old Montague Miller, known as the grand old man of the labour movement. Miller was released after serving a few weeks of his sentence but was re-arrested in 1917 in Sydney at the age of 84 and sentenced to six months jail with hard labour at Long Bay Gaol on the charge of belonging to an unlawful association. [2] The Sydney Twelve were all charged and convicted with various offences including sedition.
Lance Sharkey, then General-Secretary of the Communist Party of Australia, was charged that, in March 1949 he:
uttered the following seditious words: "If Soviet Forces in pursuit of aggressors entered Australia, Australian workers would welcome them. Australian workers would welcome Soviet Forces".
The last prosecution was in 1960, when Department of Native Affairs officer Brian Cooper was prosecuted for urging "the natives" of Papua New Guinea to demand independence from Australia. He was convicted, and committed suicide four years later, after losing his appeal.
The Australian government in 2006 investigated Islamist books found in Lakemba and Auburn in Sydney promoting suicide bombings, anti-Australian conspiracies and racism, but the Australian Federal Police found in 2006 they did not breach Commonwealth Criminal Code or NSW Crimes Acts 1900. [3]
Colonial legislation, for example the Queensland Criminal Code (1899), first established sedition in Australian law.
The Federal offence of sedition was created in the Federal Crimes Act (1914). [4]
Section 24 defined a seditious intention as [a]n intention to effect any of the following purposes:
Section 24B defined a seditious enterprise as an enterprise undertaken in order to carry out a seditious intention, and Section 24C specified that [a] person who engages in a seditious enterprise with the intention of causing violence, or creating public disorder or a public disturbance, is guilty of an indictable offence punishable on conviction by imprisonment for not longer than 3 years, although Section 24D(2) provided that [a] person cannot be convicted of any of the offences defined in section 24C or this section upon the uncorroborated testimony of one witness.
Section 24B defined seditious words as words expressive of a seditious intention, and Section 24D(1) specified that [a]ny person who, with the intention of causing violence or creating public disorder or a public disturbance, writes, prints, utters or publishes any seditious words shall be guilty of an indictable offence punishable by [i]mprisonment [ sic ?] for 3 years.
Section 24E allowed that, while an accused person might elect to be committed for trial, sedition could, with the consent of the Attorney-General, be prosecuted summarily, in which case the applicable penalty would be imprisonment for a period not exceeding 12 months.
Section 24F specified that nothing in the preceding provisions made it unlawful:
In considering a good faith defence, it was specifically noted that the Court might consider whether the case involved the safety or defence of the Commonwealth; assistance to countries or organisations at war with the country or its allies, or to enemies of its allies (whether or not they are enemies of Australia); traitors or saboteurs; or the intention of causing violence or creating public disorder or a public disturbance.
Section 30A declared that any body of persons, incorporated or unincorporated (or [a]ny branch or committee of an unlawful association, and any institution or school conducted by or under the authority or apparent authority of an unlawful association) which by its constitution or propaganda or otherwise advocates or encourages (or which is, or purports to be, affiliated with any organization which advocates or encourages) sabotage; damage to property used in cross-border trade or commerce; revolution or war against either any civilised country or organised government; or the doing of any act having or purporting to have as an object the carrying out of a seditious intention was an unlawful association for the purposes of the Act.
The Act went on to criminalise members (deemed, in the absence of evidence to the contrary, to include attendees at a meeting, those speaking in public in advocacy of an association or its objects or distributing its literature), officers, representatives and teachers in any institution or school conducted by or under the authority or apparent authority, of an unlawful association, as well as persons printing or selling material produced by, or intentionally permitting a meeting in their premises of, such an association.
Schedule 7 of the Anti-Terrorism Bill (No. 2) 2005, [5] passed by the Upper House on 6 December 2005, repealed Sections 24A to 24E of the Crimes Act (1914) and reintroduced them, along with several new classes of offence, in a Division 80—Treason and sedition. Crimes in this division now attract a maximum penalty of seven years' imprisonment.
The definition of "seditious intention" originally in Section 24A has become (as amended):
An intention to effect any of the following purposes:
Subdivision 80.2 of the proposed legislation (as amended) specifically criminalises Urging the overthrow of the Constitution or Government:
Similarly, it introduces the offence of [urging] another person to interfere by force or violence with lawful processes for an election of a member or members of a House of the Parliament, and Urging violence within the community:
Additionally, it is now specifically illegal to [urge] a person to assist the enemy:
or to [urge] a person to assist those engaged in armed hostilities:
except where such urgings are by way of, or for the purposes of, the provision of aid of a humanitarian nature.
These new crimes are all punishable by Imprisonment for 7 years.
The new legislation, in subsection 80.3 Defence for Acts done in Good Faith, updates the circumstances for good faith exemption in a fashion similar to the definition of seditious intention, above.
The new law specifies, under section 80.4 Extended geographical jurisdiction for offences, that:
Originally introduced into Australian law as a consequence of Australia's acceptance of the International Criminal Court, Section 15.4 of the Criminal Code Act (1995) [6] provides that offences under category D apply:
Category D — initially applicable only to such crimes as genocide and crimes against humanity — specifically omits provisions restricting its scope to Australian citizens, and therefore applies to any person in any country, giving Australia universal jurisdiction over the crime of sedition.
The following amendments were introduced to the Bill prior to its passage.
The new laws more than double the maximum penalty for sedition from three years imprisonment to seven, and allow certain convictions relating to the use of force or violence on the basis of recklessness rather than proven intent.
However, the amended laws no longer include specific penalties for uttering seditious words, nor provisions relating to seditious enterprises, although the definition of seditious intent continues to apply in the determination of unlawful organisations. Additionally, all prosecutions for sedition (no longer just summary prosecution) now require the approval of the Attorney-General, although this does not apply to arrests.
The principal changes to sedition law in the proposed bill seem to involve:
Perhaps most importantly, the "modernisation" of the laws seems to indicate that the government, apparently in the expectation of an increase in seditious activity, now intend to actively enforce laws which had been allowed to fall into disuse.
The Anti-Terrorism Bill (No 2.) 2005 included provisions for a five-year review, and has a ten-year sunset clause. In addition, the Coalition backbench committee, in response to significant public outcry about the potential for the new legislation to stifle free speech and despite the government's claims about a new and imminent threat necessitating the passage through both houses of the limited and specific Anti-Terrorism Bill 2005, successfully lobbied the government to introduce an earlier review of the sedition provisions and accept certain minor amendments.
The majority Senate committee report into the Bill, delivered on 28 November 2005, recommended amongst 52 proposed changes that the sedition provisions be removed from the Bill until after a review, claiming they were poorly drafted and undermined free speech, and that the existing law negated any urgency for their introduction. The report's recommendations were dismissed by the government.
In December 2005, The Attorney-General Phillip Ruddock foreshadowed an independent review of the amended sedition laws, and provided the Australian Law Reform Commission (ALRC) with formal Terms of Reference for this purpose on 2 March 2006. [7] In particular, the ALRC has been asked to examine:
In carrying out its review, the ALRC will have particular regard to:
On 20 March 2006 the ALRC, "committed to consulting as widely as possible, within the short timeframe provided", released an Issues Paper and opened submissions until 10 April 2006 to feed the drafting of a discussion paper including legislative options and a final report with recommendations for tabling by the Attorney-General.
In May 2006 the Discussion Paper was released. Responsive public submissions to the inquiry closed on 3 July 2006.
Despite almost unconditional support for the remainder of the Anti-Terrorism Bill, by mid-November the main opposition Australian Labor Party (including two of the Premiers involved in the original COAG meeting) had joined several prominent Coalition backbenchers in calling for the removal of the Bill's sedition provisions[ citation needed ], and committed itself to their repeal in the event it gained government[ citation needed ].
The Government accepted the recommendations of the ALRC report Fighting Words: A Review of Sedition Laws in Australia, which included removing the term 'sedition' and replacing it with the phrase 'urging violence' and clarifying and modernising elements of the offences. [8] The term 'sedition' was removed from in the National Security Legislation Amendment Bill 2010.
At common law it is unlawful to incite a crime. Additionally, the Criminal Code Act (1995) specifically details the crimes of incitement and conspiracy, making it an offence to:
Incitement of or conspiracy to commit an act of sedition would therefore be punishable as a crime, although incitement to incite sedition is specifically not a criminal act under the Code.
Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplomats, or its secret services for a hostile and foreign power, or attempting to kill its head of state. A person who commits treason is known in law as a traitor.
Sedition is overt conduct, such as speech or organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, established authority. Sedition may include any commotion, though not aimed at direct and open violence against the laws. Seditious words in writing are seditious libel. A seditionist is one who engages in or promotes the interest of sedition.
There is no consensus, scholarly or legal, on the definition of terrorism.
Blasphemous libel was originally an offence under the common law of England. Today, it is an offence under the common law of Northern Ireland, but has been abolished in England and Wales, and repealed in Canada and New Zealand. It is a form of criminal libel that consists of the publication of material which exposes the Christian religion to scurrility, vilification, ridicule, and contempt, with material that must have the tendency to shock and outrage the feelings of Christians.
In criminal law, incitement is the encouragement of another person to commit a crime. Depending on the jurisdiction, some or all types of incitement may be illegal. Where illegal, it is known as an inchoate offense, where harm is intended but may or may not have actually occurred.
Unlawful assembly is a legal term to describe a group of people with the mutual intent of deliberate disturbance of the peace. If the group is about to start an act of disturbance, it is termed a rout; if the disturbance is commenced, it is then termed a riot. In England, the offence was abolished in 1986, but it exists in other countries.
Seditious libel is a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority. It remains an offence in Canada but has been abolished in England and Wales.
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion. The Act was the Labour Government's third attempt to bring in this offence: provisions were originally included as part of the Anti-Terrorism, Crime and Security Bill in 2001, but were dropped after objections from the House of Lords. The measure was again brought forward as part of the Serious Organised Crime and Police Bill in 2004-5, but was again dropped in order to get the body of that Bill passed before the 2005 general election.
The Sedition Act 1948 was a Singaporean statute law which prohibited seditious acts and speech; and the printing, publication, sale, distribution, reproduction and importation of seditious publications. The essential ingredient of any offence under the Act was the finding of a "seditious tendency", and the intention of the offender is irrelevant. The Act also listed several examples of what is not a seditious tendency, and provides defences for accused persons in a limited number of situations.
The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation act, the Offences Against the Person Act 1828, incorporating subsequent statutes.
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Prior to 1921, Northern Ireland was part of the same legal system as the rest of Ireland.
The Sedition Act 1661 was an Act of the Parliament of England, although it was extended to Scotland in 1708. Passed shortly after the Restoration of Charles II, it is no longer in force, but some of its provisions continue to survive today in the Treason Act 1695 and the Treason Felony Act 1848. One clause which was included in the Treason Act 1695 was later adapted for the United States Constitution.
The Sedition Act 1948 in Malaysia is a law prohibiting discourse deemed as seditious. The act was originally enacted by the colonial authorities of British Malaya in 1948 to contain the local communist insurgence. The act criminalises speech with "seditious tendency", including that which would "bring into hatred or contempt or to excite disaffection against" the government or engender "feelings of ill-will and hostility between different races". The meaning of "seditious tendency" is defined in section 3 of the Sedition Act 1948 and in substance it is similar to the English common law definition of sedition, with modifications to suit local circumstances. The Malaysian definition includes the questioning of certain portions of the Constitution of Malaysia, namely those pertaining to the Malaysian social contract, such as Article 153, which deals with special rights for the bumiputra.
The Criminal Law (Consolidation) (Scotland) Act 1995 is an Act of the Parliament of the United Kingdom passed to consolidate certain enactments creating offences and relating to the criminal law of Scotland.
The hate speech laws in Australia give redress to someone who is the victim of discrimination, vilification, or injury on grounds that differ from one jurisdiction to another. All Australian jurisdictions give redress when a person is victimised on account of colour, ethnicity, national origin, or race. Some jurisdictions give redress when a person is victimised on account of colour, ethnic origin, religion, disability, gender identity, HIV/AIDS status or sexual orientation.
The Coroners and Justice Act 2009 is an Act of the Parliament of the United Kingdom. It changed the law on coroners and criminal justice in England and Wales.
Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. state laws. They are offences under the common law, developed entirely by the law courts, having no specific basis in statute.
The first signs of the modern distinction between criminal and civil proceedings were during the Norman conquest of England in 1066. The earliest criminal trials had very little, if any, settled law to apply. However, the civil delictual law was highly developed and consistent in its operation.
The Surveillance Devices Act 2007 (NSW) (“the Act”) is a piece of privacy legislation enacted by the Parliament of New South Wales the most populous state in Australia. It replaced the Listening Devices Act 1984 (NSW). The Act makes it an offence to record private conversations apart from in specific and defined circumstances. It makes provision for law enforcement officers to apply for warrants authorising the use of such devices and the circumstances in which judges of the Supreme Court of New South Wales might issue such warrants.
Hate speech is public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation. Hate speech is "usually thought to include communications of animosity or disparagement of an individual or a group on account of a group characteristic such as race, colour, national origin, sex, disability, religion, or sexual orientation".