Wilson pushes 'almost total free speech'

The Human Rights Commission should not always be "singing from the same songsheet" but include diverse opinions on such issues as free speech and racial slurs, incoming commissioner Tim Wilson says.

He told the Liberal Democratic Party conference in Sydney on Sunday that he's looking forward to energising the commission and he would be pushing for "almost total free speech".

Australia needed to have a healthy public discussion about why tensions exist between the rights of free speech and what was deemed to be unacceptable conduct, he said.

The Australian Human Rights Commission needed more diverse voices within it, the commissioner-designate said.

"What we shouldn't have is the commission always singing from the same songsheet. Sometimes differences of opinion can add value and build the integrity of the commission."

Federal Attorney-General George Brandis has directed the Australian Law Reform Commission to investigate laws that unnecessarily encroach on traditional rights and freedoms.

"Clearly one of the first debates we will have is on free speech, and particularly the sensitive area of the Racial Discrimination Act," Mr Wilson said.

He said the Act set the bar far too low in restricting speech.

"The idea that people can attract legal sanction for saying something that's insulting or offensive now seems to be widely accepted.

"I've made it clear that the limits should only be to the extent that speech conflicts with other human rights, notably when speech explicitly incites and provokes violence against others."

Mr Wilson said it was unjust that people who felt offended by comments had recourse to laws based on their racial identity, but homosexuals insulted on the basis of their sexual orientation just had to wear it.

Only removing such law could address the unjust nature of it, he said.

"Compulsory legal limits on speech based on acceptable conduct can undermine human rights."

Mr Wilson said public debate as well as government, business and sports codes of conduct and voluntary social norms can be far more effective in driving changes toward acceptable speech and behaviour.