Alas Poor Yagan - Complaint

Complaint

On 24 September 1997, a complaint about the cartoon was lodged with the Race Discrimination Commissioner of the Human Rights and Equal Opportunity Commission. The complaint was made by human rights lawyer Hannah McGlade on behalf of a group of people calling themselves "The Nyungar Circle of Elders", and comprising Albert Corunna, Richard Wilkes, Violet Newman, Mingli Wanjurri, Leisha Eatts, Robert Bropho and Ken Colbung. The complainants alleged that Alston and The West Australian had breached "s18c of the Racial Discrimination Act 1975".

On 4 March 1998, the Race Discrimination Commissioner discontinued her inquiry into the case on the grounds that the cartoon was "an artistic work" that was published "reasonably and in good faith", and was therefore exempt from the s18c conditions under s18d of the Act. The Nyungar Circle of Elders rejected that finding, and asked for the case to be referred to the Commission for public inquiry. A public hearing was held on 29 April 1999, and the findings released on 12 April 2001. The Commission found that the cartoon was in breach of s18c of the Act; specifically, it found that the cartoon:

• contained a demeaning portrayal of Yagan;
• reinforced a negative stereotype regarding alcohol and Indigenous Australians;
• contained derogatory references to the Wagyl, a religious figure;
• treated death in a manner offensive to Indigenous Australians;
• provided intimate details of the ancestry of individuals, in some cases "where the intercourse was not a matter of choice for the Aboriginal women concerned";
• implied a diminishing of the race by the resultant racial mix; and
• reinforced a negative stereotype of Indigenous people taking advantage of government grants.

The Commission also found, however, that the cartoon was exempt under s18d of the Act, because it was done reasonably and in good faith. The reasoning was based partly on the overall coverage of the issue by The West Australian, which "provided a balance report... and an opinion which... encouraged unity in, and support of, the Aboriginal community". In such a context, the decision by then editor Paul Murray to publish the cartoon was found to be reasonable.

Robert Bropho then sought a judicial review of the Commission's finding, but his application was dismissed on 4 December 2002. Bropho then appealed against that decision in the Federal Court of Australia. On 6 February 2004, the Federal Court dismissed the appeal and ordered Bropho to pay all costs.