ACL: Kirralie Smith loses appeal – ordered to pay $95,000
Michael Barnett OAM
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Kirralie Smith loses appeal – ordered to pay $95,000
Last week, Kirralie Smith lost her appeal in the NSW Supreme Court. Her offence? Criticising males playing in women’s soccer.
I can’t overstate how outrageous this decision is. Not only is it yet another denial of reality, but the sum involved is extraordinary. According to John Steenhof from the Human Rights Law Alliance, successful vilification claims have traditionally attracted damages of no more than $3,000 to $10,000, with each side paying their own costs. Kirralie, however, has been ordered to pay $95,000 in damages to the two complainants. It’s compensation on paper, but it functions as a punishment – and as John says, it ‘only encourages activist lawfare’.
If you state this truth in general terms, you’re safe… kind of. But publicly identify and criticise a specific male who identifies as female, and you become liable under vilification law – what most of us would call hate speech law.
Kirralie was concerned about males playing in women’s soccer, so she spoke out. Not only was she taken to court, she has now been ordered to pin a court-written statement to all of her online platforms for three months – compelled to publish words she does not believe.
Kirralie is now seeking further legal advice regarding an appeal.
I know Kirralie personally, and she’s not someone motivated by hate. She does, however, have a strong sense of justice. She has always stood up for what she believes in. God, truth and love are what motivate her.
She’s like many of you. You love your family, and you care about our nation. And because you care, you’re willing to speak up. This case should not intimidate us into silence. Instead, Kirralie’s courage should inspire us to speak when something is wrong.
It may be costly, but we won’t see our culture change without sacrifices like this.
‘But even if you should suffer for righteousness’ sake, you are blessed. And do not be afraid of their threats, nor be troubled.’ – 1 Peter 3:14
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