ABSTRACT
I have consistently argued that the law should be used to tackle militant racism. In particular, I argued that the existing law on stirring up racial hatred is inadequate because it only tackles material that is 'threatening, abusive or insulting' - with it failing to deal with material that is 'racially offensive' and intended to or likely to stir up racial hatred/discrimination. As outlined in the chapter 5, my solution to this problem is to add 'racial offence' to the prerequisites necessary to bring a prosecution for stirring up racial hatred.1 In addition, I have argued that this proposed law should provide for a countermessage defence. That is, an applicable defence in circumstances where the 'racially offensive' material2 also clearly displays a counter-message consistent with the legislative intent of equality through racial tolerance.3 It is, therefore, only if citizens reject the rule of law, by deliberately refusing to display a 'say no to racism' counter-message, that criminal punishment would be appropriate.
