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Kristi Podlich

on 22 July 2014

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Transcript of $1.25

Racism in Sport
Insufficient punishment for people who racially slur elite athletes.
Recent years show that more players are victimised
Lack of suitable punishment.
Evidence is provided for the Adam Goodes case involving a 13-year-old girl.
Defining Racism
- divides up the community based on what people look like

- Believes they are superior

- Leads to exclusions

- Typically based on skin colour

- The Racial Discrimination Act 1975 (Cth) supports the principle of everyone having equal rights and freedom
Racial Discrimination
Racism in Sport
Sporting associations are vicariously liable for representatives.

If a representative behaves unlawfully the association needs punish the person who racially slurred another

Three types of discrimination considered unlawful - direct discrimination, indirect discrimination and harassment.

Legal Principles
Racism offences are brought before the relevant Head of Commission.
In AFL, they are the tribunal or AFL Commission
Guilty offenders can recieve $20 000 for the first-time.
Further offences can be a maximum of $40 000.
The Racial Discrimination Act 1975 (Cth) aims to ensure that everyone in society has equal rights and are treated equally.

Racism in sport are reported to the Australian Sports Commission (ASC).

If the offence was committed by the public the case is heard by the Magistrates Court.

The racist comment must be heard or read to be heard by the court or tribunal
Delegates from all around the world gathered to deal with the problem of racial discrimination

The International Convention on the Elimination of All Forms of Racial Discrimination
- an agreement between countries to stop racial discrimination.
Legislation... Cont.
Outside of a sporting complex, individuals can face a maximum penalty of $10 000 or 6 months imprisonment
Corporation can recieve a maximum of $100 000
The Racial Discrimination Act has been amended to meet with the changes of society’s values.

In October 1995, the Act was modified to make it illegal to publically racially abuse, insult, humiliate or offend another because of the other person’s race, colour, or national or ethnic origin.

This was classified as racial hatred or racial vilification .
Legislation... Cont.
Essential racist components:
the act must be done in public
it must be reasonably likely to offend, insult, humiliate or intimidate the people against who it is directed
it must be done because of the race, colour or national or ethnic origin

Eddie McGuire states Adam Goodes should be the “promoter” of King Kong .
Legislation... Cont.
In 1989 the first sign of any punishment was made.

In 2014 section 18c of the Racial Discrimination Act was amended. This resulted from the 2009 case in which sports commentator Andrew Bolt wrote about Aborigines.

Section 18c - Freedom of Speech was amended to include four parts, whereas sections 18b, 18d and 18e were repealed.
Amendments to the Legislation
AFL racism incident where a 13-year-old Collingwood supporter called Sydney Swans football player, Adam Goodes an ape during a game in 2013 .
Does not blame the 13-year-old Collingwood supporter for the incident
Goodes is “guttered” from the ape call and “it just broke [his] heart" .
He states “people who are racist towards another more than likely grew up in an environment of racism, which is why the racism persists in adulthood”
Punishment for racial comments are not enforced
Adam Goodes
Conflicting Perspectives
Goodes perspective
is that even though he caught the young girl calling him an “Ape” and pointed her out, he does not blame her.
No punishment should be made
No chargers would be pressed as long as she was educated
13-year-old girl
Said out of frustration due to Collingwood loosing and bad referees
She did not know she was being racist
Believe that it was unnecessary to be taken this far
The young girl stated this in public with many people around and this was what made the racial comment illegal .
The current laws are affecting the performance of elite athletes, particularly in AFL
These laws are not preventing AFL athletes from being racially abused
Steps need to be taken to amend the Racial Discrimination Act 1975 (Cth) and the Queensland Anti-Discrimination Act 1977 (Qld)
racism is increasing and AFL players believe that it needs to change
Reference List
Anti-Discrimination Act
1977 (Qld) and the
Racial Discrimination Act
1975 (Cth) - clearly stating punishments for racism.
Longer jail sentencing if needed
Enforced by law enforcers, police, government personals, referees, court personals such as the judge and prosecutor.
In AFL, a player who is a first-time offender for making a racist comment carries a maximum penalty of $20 000.
Fines are insignificant in comparison of the player’s income
First time racial offence be a minimum of $20 000 and 3 immediate game suspensions
Maximum penalty to be between $75 000 and $100 000
Includes no media contact
Coaches should also be restricted in media contact about the case
The penalty and suspensions need to impact upon not only a player but the assoication

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