Danny Yee >> Internet Censorship in Australia >> Music Censorship

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
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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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