The sequence of events that led to the cancellation of Adelaide Writers Week revolve around two central questions. First, what, if any, should be the limits of free speech? Second, what, if anything, should disqualify a person from being heard? In the aftermath of the Bondi Terror Attack, the urgency in answering these questions has seen the Commonwealth Parliament recalled specifically to debate proposed legislation that will, amongst other things, redefine how the law answers such questions. 

Beyond the law, what does ethics have to say about such fundamental matters in which freedom, justice and security are in obvious tension? 

I have consistently argued for the following position. First, there should be a rebuttable presumption in favour of free speech. That is, our ‘default’ position is that there should be as much free speech as possible. However, I have always set two ‘boundary conditions’. First, there should be a strict prohibition against speech that calls into question or denies the intrinsic dignity and humanity of another person. Anything that implies that one person is not as fully human as another would be proscribed. This is because every human rights abuse – up to and especially including genocide – begins with the denial of the target’s humanity. It is this denial that makes it possible for people to do to others what would otherwise be inconceivable. Second, I would prohibit speech that incites violence against an individual or group. 

As will be obvious, these are fairly minimal restrictions. They still leave room for people to cause offense, to harangue, to stoke prejudice, to make people feel unsafe, and so on. That is why I have come to the view that something more is needed. In the past, I have struggled to find a principle that would allow for the degree of free speech that is needed to preserve a vibrant, liberal democracy while, at the same time, limiting the harm done by those who seek to wound individuals, groups or the whole of society by means of what they say. 

In particular, how do you respond to someone who foments hatred of others – but falls just short of denying their humanity?

It recently occurred to me that the principle I have been looking for can be found in the most unlikely of places: the football field. I was never any good at sport and was always the obvious ‘weak link’ in any team. So, I took a particular interest in the maxim that one should “play the ball and not the person”. Of course, the idea is not exclusively one for sport. Philosophy has long decried the validity of the ad hominem argument – where you attack the person advancing an argument rather than tackle the idea itself. Christianity teaches one to ‘loathe the sin and love the sinner’. In any case, whether one takes the idea from the football field or the list of logical fallacies or from a religion, the idea is pretty easy to ‘get’. In essence: feel free to discuss what is being done – condemn the conduct if you think this justified. However, with one possible exception, do not attack those whom you believe to be responsible. 

The one possible exception relates to those in positions of power – where a decent dose of satire is never wasted. That said, the powerful can make bad decisions without being bad people – and calling their integrity into question is often cruel and unjustified. Beyond this, if powerful people preside over wrongdoing, then let the courts and tribunals hold them to account. 

The ‘play the ball’ principle commends itself as a practical tool for distinguishing between what should and should not be said in a society that is trying to balance a commitment to free speech with a commitment to avoid causing harm to others. It is especially important that this curbs the tendency of ‘bad faith’ actors (especially those with power) to cultivate an association between certain ideas and certain people. For example, we see this when someone who merely questions a political, religious or cultural practice is labelled as a ‘bigot’ (or worse). 

In practice, we will now explicitly apply the ‘play the ball’ principle when curating of the Festival of Dangerous Ideas (FODI) – adding it to the matrix of issues we take into account when developing and presenting the program. FODI seeks to create spaces where it is ‘safe to’ encounter challenging ideas. For example, it should be possible to discuss events such as: the civic rebellion and repression in Iran, the Russian war with Ukraine, Israel’s response to Hamas’ terror attack, and so on … without attacking Iranians, Shia, Russians, Ukrainians, Israelis or Palestinians. Indeed, I think most Australians want to be able to discuss the issues – no matter how challenging – knowing that they will not be targeted, shunned or condemned for doing so. 

I recognise that there are a couple of weaknesses in what I have outlined above. First, I know that some people identify so closely with an idea that they feel personally attacked even by the most sincerely directed question or comment. 

Yet, in my opinion, a measure of discomfort should not be enough to silence the question. We all need to be mature enough to distinguish between challenges to our beliefs and threats to our identity.

Second, while the prohibition against the incitement of violence is clear, the other two I have proposed are much more ambiguous. As such, they might be difficult to codify in law. 

Even so, these are principles that I think can be applied in practice – especially if we are all willing to think before we speak. A civil society depends on it. 

In an age where emotionally charged information travels faster than ever, the ability to critically evaluate what we read, watch, and share is the cornerstone of responsible citizenship. It’s essential that we’re able to strengthen our media literacy skills to detect bias, maintain trust and safeguard the integrity of public discourse.

Since the rise of generative AI, we have become inundated with content. It’s easier to generate and disseminate information than ever before. When content is cheap, it’s curation and discernment that becomes ever more critical.  

And this matters – how information travels influences policy, the bounds of acceptable discourse, and ultimately how our society functions. This means that each of us, whether a social media user, producer of a major national news program, or just someone chatting with a friend, has an obligation to ensure that the truth we share contributes to human flourishing. 

What is verifiable? 

The reality is that a huge amount of the information we have access to is, well, fake. Media literacy equips people to recognise bias, detect misinformation, and understand the motives behind content creation. Without these skills, we and those around us become vulnerable to manipulation, whether through sensational headlines, deepfakes, or algorithm-driven echo chambers.  

Verifying information before sharing is a critical part of media literacy. Every click and share amplifies a message, whether true or false. For example, deepfakes of Scott Morrison and other politicians have been used to perpetuate investment scams. When inaccurate information spreads unchecked, it can fuel polarisation, erode trust in institutions, and even endanger lives. Taking a moment to analyse the source, check for corroboration in other trusted places, and question the credibility of a claim is a small act with enormous impact. It transforms passive consumers into active participants in a healthier information ecosystem. 

Whose truth? 

What we see as objective is intrinsically shaped by the voices we are exposed to, and how often. This is as true for our social media feeds as it is for the nightly news. The messages that reach us are all in some way biased, meaning that they possess some kind of embedded agenda. But what we most often mean when we talk about bias, is a systematic and repeated filtering or skewing of information to conform to a particular or narrow agenda or worldview.  

Because of this, we should be wary of potential bias when issues are covered by individuals or organisations with financial or political interests at stake. For example, jurisdictions around the world are currently wrestling with questions of how training large language models (LLMs) relates to fair use of copyrighted work. In Australia, the government recently ruled out a special exception for AI models to be trained on Australian works without explicit permission or payment. While there was public consultation conducted, prominent voices didn’t all agree with protecting the labor and output of creators as a priority.  

Before the federal government made the determination, powerful members of the technology industry were consulted by journalists for their views on how the interests of AI labs and creators should be considered. These voices included those whose financial holdings include investments in the type of AI companies (and their methods) being discussed. Platforming voices with these interests has important implications for setting the terms of the debate as potentially more pro-technology, rather than encouraging a balance of perspectives.  

While this specific issue is critical because it’s an issue that affects all of us, it also illustrates a way that we can practice media responsibly.

When we are sharing information, we should consider the interests and ideological alignment of those who are sharing.

Where possible, we should seek to provide a balanced set of perspectives, and ideally one in which any conflicts of interest are clear and disclosed. 

Who gets platformed?

There is no free marketplace of ideas. The question of what voices and perspectives are platformed and held up as truth, whether in the media or on our feeds, greatly impacts our our own narratives of events. For example, since October 2023, more than 67,000 Gazans have been killed by Israeli forces. While the genocide has received significant media coverage, the perspectives of people impacted haven’t been equitably represented in mainstream media sources. Recently, a study found that only one Palestinian guest had been booked to share their views on major US Sunday news shows (which set the national agenda) in the last 2 years. In the same period, 48 Israeli guests had been given airtime. 

If we assume that Israeli guests do not have a monopoly on the truth, this pattern looks alarming. While this study didn’t speak to the views of the guests, a reasonable person would assume that such a skew in the identities and affiliations represented present a rather one-sided view of events on the ground.  

In this case, the platforming also speaks to the relative power of the perspectives. Despite the Palestinian community having the greatest lived experience of harm, their voices are effectively silenced. As we consider from whom we share information, we should always consider the following questions:  

• Which individuals or groups have greater access to institutions – media or otherwise – to share their experience? 
• In the case of conflict, are opposing forces equally powerful (eg in terms of financial resources, alliances, etc)? 
• Who is marginalised, and what is the impact of not platforming that voice? 

In today’s media environment, we are flooded with information. This means that the responsibly each of us must take in our sphere of influence has increased proportionally. In order to act as responsible members of our community, we must question which voices we’re highlighting.

When I facilitate a Circle of Chairs conversation at The Ethics Centre, I always pause before starting and remind myself that I’m about to enter a potentially dangerous space. There are few domains that are as hotly contested and emotionally charged as ethics.

In this space, people might have their deepest values questioned, their most cherished views challenged, and they are likely to encounter people who hold radically different moral and political beliefs to their own. 

Yet, after stepping into many Circles, I can’t think of a single time when I haven’t stepped out having witnessed a rich, deep and often challenging conversation that has left everyone feeling closer together as humans, even if they remain far apart in their views. 

This is because we don’t just encourage any kind of speech in a Circle of Chairs. We do acknowledge the importance of free speech, not least because it’s our best means of challenging conventional wisdom, correcting errors and seeking the truth. But we also recognise that just protecting free speech sets a perilously low bar for the quality of discourse.  

Now seems like a good time to talk about how we talk to each other. Especially so in the wake of conservative commentator, Charlie Kirk’s, assassination in the United States. That horrific event, coupled with two late night talk show hosts being taken off air in recent months, ostensibly due to comments made that have offended the Trump administration and its ideological allies, has sparked numerous conversations about the nature of good faith debate and the limits of free speech. 

But if we just limit ourselves to removing speech that is directly harmful, hateful or incites violence, it still leaves a lot of room for speech that can be deceptive, offensive, divisive and dehumanising. Which is why at The Ethics Centre, we treat free speech as a baseline and add other norms on top that serve to promote constructive discourse.

These norms enable people to engage with views that are vastly different to their own – including arguing for their own perspectives and challenging those they believe are wrong – without things slipping into vitriol or worse.

I wonder if these norms might be useful when it comes to think about how we ought to speak to each other. And I stress: these are norms, not laws. They are expectations around how to behave. They’re not intended to be used to silence or punish those who fail to conform to them. They are offered as a guide for those who want to break out of the cycles of polarising and vilifying speech that we see all too often today. 

Respect

The first norm is in some ways the simplest, but also the most important: respect. It states that we should always recognise others’ inherent humanity, no matter how obtuse or perverse their beliefs.  

What this means is that we might choose not to say something if we think doing so will disrespect or injure their dignity as a person. We already do this in many domains of our lives. If someone has just lost a loved one, we might refrain from criticising the deceased, even if we have a genuine grievance. Likewise, we might choose not to say something we believe is true if it might dehumanise or objectify someone. As they say, “honesty without compassion is cruelty”. 

This doesn’t mean we shouldn’t strongly challenge others’ beliefs, especially if we feel they are false or harmful. Sometimes, we should do so even if it might offend them. But there’s a pragmatic element: without mutual respect, our challenges will likely fall on deaf ears, triggering defensiveness rather than encouraging openness.  

Showing respect to someone you disagree with is a powerful tool to build the kind of trust that is necessary to have them actually listen to what you have to say. And the more trust and respect you build, the less chance you have of being seen to be disrespectful, and the more frank you can afford to be when you speak. 

Good faith

The second norm is to always speak in good faith. This has two elements. The first is that we speak with good intention, with the aim to understand, find the truth and make the world a better place, rather than speaking to intimidate, self-aggrandise or hide an insecurity. The second element is that we speak with intellectual honesty, acknowledging our fallibility and being open to the possibility of being wrong.  

We all know it’s all too easy to slip into bad faith, especially when emotions run high or we feel threatened. We might utter a barbed comment, or defend a position we don’t really understand, or we dig in our heels so we don’t look dumb. We also know what it’s like to encounter bad faith, like when you dismantle someone’s argument only to discover they haven’t changed their mind. It’s infuriating, and it can rapidly devolve a conversation into mutual bad faith attacks. You know, like what we see on social media. 

Charity

The third norm is charity, which is just the flip side of good faith. Charity means we assume good faith on behalf of the person we’re speaking to rather than assuming the worst about them and their beliefs. It means filling in the blanks with the best possible version of their argument instead of jumping to attack the weakest possible version. 

Charity also means giving people an on-ramp back to good faith if we do discover they are speaking in bad faith. Rather than writing them off, we try to show respect and find some mote of common ground – a shared value or belief – and build on that until we can better understand where we diverge, and talk about that. 

These norms don’t guarantee all speech will be constructive. They’re not always easy to implement – especially in the unregulated wilderness of social media. But see them as being more aspirational, a kind of soft expectation that we place on ourselves and hope to demonstrate to others through the way we speak.  

When we’re mindful of them, they can change conversations. I’ve seen it happen many times. I’ve seen political opponents really listen to each other and acknowledge that the other has a point. I’ve seen a climate denier and an environmental activist hug after a long conversation. I’ve seen an anti-vaxxer thank a science journalist for disagreeing without calling them names. It won’t always go like that. But in a world where we’re thrust into proximity with those we disagree with, where the threat of political violence will always hover in the wings, ready to take the stage when speech fails, I’m convinced these three norms can make a difference.

In mid-August, controversy enveloped the Bendigo Writers Festival. Just days before it began, festival organisers sent a code of conduct to its speakers – a code that drove more than 50 authors to make the difficult decision to pull out.

The code was intended to ensure the event’s safety, with a requirement to “avoid language or topics that could be considered inflammatory, divisive, or disrespectful”. Yet distressed speakers argued it made them feel culturally unsafe. Speakers on panels presented by La Trobe university were also required to employ a contested definition of antisemitism.

The incident is the most recent in a series of controversies in which progressive writers and artists have faced restrictions and cancellations, with organisations citing “safety” as the reason. They include libraries cancelling invited speakers and asking writers to avoid discussing Gaza, Palestine and Israel.

How did speech rules developed and promoted by the progressive left – rules promoting cultural safety and safe spaces – become tools that could be wielded against it?

Applying ‘safety’ to speech

Over recent years, “safety” – including in terms like “safe spaces” and “cultural safety” – has become a commonly raised ethical concern. Safe-speech norms often arise in the context of public deliberation, education and political speech.

“Safe spaces” are places where marginalised groups are protected against harassment, oppression and discrimination, including through speech like microaggressions, unthinking stereotypes and misgendering. Within safe spaces, protected groups are encouraged and empowered to speak about their experiences and needs.

Similarly, “cultural safety” refers to environments where there is no challenge or denial of people’s identities, allowing them to be genuinely heard. This can be crucial for First Nations communities, especially in health and legal contexts.

Safe-speech norms are therefore complex. They involve the freedom to speak, but also freedom from speech.

This way of thinking takes a broad view of the kinds of speech that can be interpreted as harmful or violent. Harmful speech does not just include hate speech and incitement. It also includes speech with unintended consequences and speech that challenges a person’s perceived identity.

These safe-speech norms, increasingly adopted in universities and other broadly progressive organisations, should be distinguished from “psychological safety”. This earlier concept refers to creating environments – such as workplaces – where it is safe to speak up, including to raise concerns or ask questions.

While psychological safety is a general norm protecting all parties, the more recent safe-speech norms protect specific marginalised groups. They aim to push back against larger systemic forces like racism or misogyny that would otherwise render those groups oppressed or unsafe. In some cases, the prioritisation of safety has led to deplatforming of speakers at universities.

With this special focus on oppressed minorities and heightened sensitivity to speech’s negative impacts, applying these norms has become a familiar part of progressive social justice efforts (sometimes pejoratively called “wokism”). Now, conservatives and others are employing the language of cultural safety to close down discussion of topics such as the war in Gaza.

Are safe-speech norms controversial?

By constraining what can be said, safe speech norms impinge on other potentially relevant ethical norms, such as those of public deliberation. These “town square” norms aim to encourage a diversity of views and allow space for a robust dialogue between different perspectives.

Public deliberation norms might be defended as part of the human right to free speech, or because arguing and deliberating with other people can be an important way of respecting them.

Alternatively, public deliberation can be defended by appeal to democracy, which requires more than merely casting votes. Citizens must be able to hear and voice different perspectives and arguments.

Those in favour of free speech and the public square will look suspiciously at safe-speech norms, worrying that they give rise to the well known risks of political censorship. Thinkers like Jonathan Haidt and Greg Lukianoff explicitly criticise “safetyism”, arguing the prioritisation of emotional safety inappropriately coddles young people.

Supporters of safe-speech norms might respond in different ways to these objections. One response might be that safety doesn’t intrude very much on dialogue anyway (at least, not on the type of dialogue worth having). Another response might be to challenge the value of public debate itself, seeing any system that does not explicitly work to support the marginalised as inherently oppressive.

Yet another response might be to query whether writers festivals are an apt place for public debate. Most speakers want an enjoyable experience and to promote their book (even when such books explore contentious ideas). Many in the audience will be supportive of the authors’ ideas and positions. Some will even be fans. Maybe it’s not so bad if most festival sessions are “love-ins”.

Prohibited vs. protected

In order to protect and empower specific marginalised groups, safe-speech norms both support and restrain speech. So long as the views of these protected groups are relatively aligned with each other, these norms work coherently. The speech that is being prohibited doesn’t overlap with the speech that is being protected.

But what happens when members of two marginalised groups have stridently opposed views and the words they use to decry injustice are called unsafe by their opponents? Once this happens, the speech that one group needs to be protected is the same speech that the other group needs prohibited.

Perhaps it was inevitable that the internal contradictions of safe-speech norms would eventually create such problems. In Australia, like many countries, this was triggered by the October 7 Hamas atrocity and Israel’s unrelenting and brutal military response. Jews and Palestinians are both vulnerable minorities who face the well known bigotries of antisemitism and Islamophobia respectively. They both can reasonably demand the protection of safe-speech norms.

However, is each side interested in respecting the other’s right to such norms? Author and academic Randa Abdel-Fattah has reportedly alleged on social media, that if you are a Zionist, “you have no claim or right to cultural safety”. In turn, she says she has been harrassed and threatened over her views on the war in Gaza, and public institutions hosting her “have been targeted with letters defaming me and demanding I be disinvited”.

Perhaps the time has come to acknowledge that safe speech norms were never as straightforward or innocuous as they first appeared. They require a form of censorship that not only involves choosing political sides, but inevitably making fine-grained judgements between which opposing minority deserves protection at the expense of the other.

Indeed, safe speech norms may themselves be exclusionary. The US organisation “Third Way” advocates for moderation and centre left policies. In a recent memo it said research among focus groups had consistently found ordinary people interpreted key terms from progressive political language as alienating and arrogant.

According to Third Way, the term “safe space” (among others) communicates the sense that, “I’m more empathetic than you, and you are callous to hurting others’ feelings.”

With all this in mind, I find it hard to disagree with author Waleed Aly’s recent reflection that “in arenas dedicated to public debate, safety makes a poor organising principle”. Efforts to support and include marginalised voices are laudable. However, safe-speech norms are a deeply problematic – and perhaps ultimately contradictory – tool to use in pursuing that worthy goal.

This article was originally published in The Conversation.