Crackdown on racism 'to hurt free speech'

STRENGTHENING laws to make it easier to convict people for serious racism could restrict the democratic right to free speech, a NSW parliamentary inquiry has heard.

Current anti-discrimination laws have failed to result in any successful prosecutions since they were introduced in 1989, despite more than 27 public complaints about alleged breaches.

Premier Barry O'Farrell last year launched an inquiry to examine whether the laws are too restrictive and should be broadened beyond the current focus on physical harm.

Speaking before the inquiry on Monday, Simon Breheny from the Institute of Public Affairs denied the current laws had failed.

"The law is a success because it is being obeyed," he said.

"The law as it stands is appropriate. However it must not be expanded to catch any form of conduct less than specific threats of physical violence.

"To do so risks undermining one of our most important Liberal democratic rights - freedom of speech."

Mr Breheny said people should not be able to be fined or imprisoned for "merely expressing their opinion".

Mr Breheny also questioned why race would be singled out for inclusion in the criminal law and not other sensitive areas such as religion and sexism.

Under the current system, complaints about racial vilification are first brought to the Anti-Discrimination Board.

If conciliation fails the matter can be referred to the Administrative Decisions Tribunal or in serious cases, to the DPP.

NSW Council for Civil Liberties secretary Stephen Blanks said a case could be made for the matter going straight to police.

"It should be seen as a serious criminal offence," Mr Blanks said.

He said the current law had not been effective.

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