Continuation of Public Broadcaster’s Religious Vilification Hearing: ABC’s Role in Government discussed
The ABC has claimed it is part of the Commonwealth.
A legal representative contested that the Australian Broadcasting Corporation (ABC) is not a Commonwealth entity amidst an ongoing discrimination proceeding against the public broadcaster.
Section 8 prohibits conduct inciting hatred, serious contempt, or severe ridicule of a class of persons, whether inside or outside Victoria.
The lawsuit against ABC started in late 2021 in the Victorian Civil and Administrative Tribunal (VCAT), with physical hearings beginning in August 2023.
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This caused a delay in the case, leading to the matter being referred to the Supreme Court of Victoria to ascertain VCAT’s jurisdiction over it.
Public Wants the ABC Independent, Not Part of the Government: Lawyer
During a hearing at the Supreme Court of Victoria on August 2, counsel Peter King, representing Falun Gong practitioners, argued that the ABC was not considered the Commonwealth under the Copyright Act 1968, both specifically and broadly.
“The words ‘continues in existence’… was the parliament’s way of stating to the legal profession and the ABC that ‘you are not the Commonwealth and that is our intent,'” King stated in court.
King also cited judicial rulings indicating that the ABC was not part of the federal government.
Additionally, he highlighted the ABC’s own admission in its initial submission to the Court in December 2023 that it was not the Commonwealth.
King further questioned whether the ABC desired to be perceived as part of the Commonwealth in its operations.
He argued that the public wanted the ABC to maintain its independence and impartiality, believing it was not in the public interest for the ABC to associate with the government.
In another argument, King mentioned submissions from the Victoria attorney-general’s office suggesting that VCAT had the responsibility and power to decide its jurisdiction, particularly in cases involving federal jurisdiction disputes.
ABC’s Response
Meanwhile, an ABC legal representative contended that the broadcaster’s status as a separate legal entity did not preclude it from being considered part of the Commonwealth.
He raised the point of whether an entity fulfilling a significant government function could be deemed part of the Commonwealth.
The representative highlighted entities like the Australian Securities and Investments Commission (ASIC) and the Australian Electoral Commission as examples.
While acknowledging that broadcasting might not be a government function, the ABC’s legal representative emphasized that despite operating independently, the ABC received government funding and was obligated to act accountably and with integrity.
In a separate argument, the ABC’s representative cited cases and suggested that while VCAT could form an opinion, it did not possess full jurisdiction to determine the issue.
After the presentation of evidence from both sides, Justice Claire Harris, presiding over the hearing, stated that she would deliver the judgment at a later time.
Falun Gong, also known as Falun Dafa, is a meditation practice based on truthfulness, compassion, and forbearance.
Introduced in China in 1992 by Mr. Li Hongzhi, the practice gained popularity but faced persecution from the Chinese Communist Party starting in 1999, leading to practitioners experiencing various forms of harm.
Daniel Y. Teng contributed to this article.
