One of Australia’s most well-known sporting figures, Matildas captain Sam Kerr, has been charged with “racially aggravated harassment” for reportedly calling a British police officer a “stupid white bastard”.
SBS News has not been able to confirm the accuracy of the quote, which was reported by The Sun and The Guardian in the United Kingdom. The Australian is also reporting that Kerr will dispute the phrase, claiming instead that she called the officer a “stupid white cop”. She is reportedly not denying she used the term “white”.
The case has raised questions about whether a white person can be racially abused, amid rising complaints of reverse racism and anti-white discrimination.
The Matildas and Chelsea striker, who is of Indian descent and who has in the past campaigned against racism, has pleaded not guilty to charges of using threatening, abusive or insulting words or behaviour that caused harassment, alarm or distress to the police officer, PC Lovell.
Sam Kerr has been charged with racially aggravated harassment. Source: AAP / Richard Wainwright
The charges relate to an incident in the London suburb of Twickenham on January 30 last year, during a dispute about a taxi fare.
SBS News spoke with a racism studies expert, associate professor Mario Peucker of Victoria University, and a human rights law expert, professor Lucas Lixinski of the University of NSW, to get their views on whether what Kerr reportedly said could be considered racist, and whether similar legal action could be brought against someone in Australia.
Can white people experience discrimination?
The short answer is “yes”, according to Peucker, saying it could occur, for example, if a South Sudanese shop owner didn’t want to employ a white person in his shop because of their race or appearance.
“Discrimination is just unequal treatment based on certain characteristics. But that’s not (necessarily) racist,” Peucker said.
“Racism is more than just bad behaviour or unequal treatment. There’s a deeper meaning to racism that people often don’t get.”
Is there such a thing as reverse racism?
To understand racism Peucker believes it’s important to understand how the concept of race emerged.
“Race doesn’t exist, really, there’s only one human race,” he said.
“Race was invented in order to put black people — during the slave trade and colonisation — at the bottom of (a) hierarchy, in order to justify exploitation.”
Peucker said the laws around racism in general were developed to address the unequal treatment that arises around this hierarchy, which puts people of colour lower than white people.
For racism to occur, from an academic point of view, two elements were required: prejudiced and discriminatory behaviour, but also an unequal power or institutional power dynamic, he said.
Lixinski agrees and points out that the aim of anti-racism legislation is not to provide avenues for legal action for “white fragility”.
Race was invented in order to put black people — during the slave trade and colonisation — at the bottom of (a) hierarchy, in order to justify exploitation
Associate Professor Mario Peucker
“It is to eliminate the bad consequences of white privilege that non-white people have experienced,” he said.
Could calling someone a ‘stupid white bastard’ in Australia be considered racist?
According to the laws in Australia, and in the UK, Lixinski believes someone could argue the phrase was racist or discriminatory, depending on how the courts interpret the legislation.
In Australia, the Racial Discrimination Act 1975 makes it unlawful to discriminate against a person because of their race. Racial hatred, which involves doing or saying something in public that is likely to offend, insult, humiliate or intimidate, is also unlawful.
“The legislation is written as being neutral. So, in theory, a white person could argue they are the target of racial hatred,” Lixinski said.
“However, in my view, that type of claim would deviate from the purpose of the legislation, which is to correct historic patterns of oppression on the basis of race.”
The intent of the law is something judges consider when ruling on any complaints.
Lixinski believes this leaves any white complainant in Australia open to accusations of abuse of rights, or abuse of process, which some media reports suggest could be the argument Sam Kerr’s legal team is under the UK laws.
Lixinski said the action against Kerr might still succeed.
“But that type of outcome would, in my view, reinforce the very type of social harm or evil that the legislation was put in place to correct.”
Peucker said if Kerr did call the officer “white”, it could be categorised as a racial incident. But if a similar action happened in Australia, he doubts any legal action would succeed.
“The law was not made to protect those who are in a position of power, and you can’t think of anyone who has more power than a white police officer.”
Do white people have a point when they say they are being discriminated against?
Lixinski acknowledges there has been some improvement in reversing unequal treatment based on race. But there has not been enough action to argue white people are being unfairly disadvantaged.
“We still live in a society that — at least in the eyes of the law — the ‘normal’ is white and male. While that is the case, I don’t think someone who’s white and male, in particular, can claim that the law is not playing in their favour,” he said.
The law was not made to protect those who are in a position of power, and you can’t think of anyone who has more power than a white police officer
Associate Professor Mario Peucker
Peucker also does not think white people are suffering discrimination.
“No, I don’t think that’s the case at all,” he said.
“I understand where people are coming from. They’re frustrated, they suffer, they feel like they are victims of certain financial pressure. So they don’t feel privileged.
“But racially they’re still privileged. That doesn’t mean that they are well off, and better than everyone else.”
Peucker pointed to America’s slave history, noting poor white people at the time still had the power to look down on black slaves and feel better because they were not at the bottom of the racial hierarchy.
“Black people can’t do that,” he said. “Usually it’s really hard, in our racially-structured society, to feel superior because you’re a person of colour.
“You’re not represented anywhere, you experience everyday racism non-stop in your life, you feel that you are excluded, that you don’t belong, that you are not fully Australian.
“You face that every day so it’s hard to assume that you’re the superior race in a white structured society.”
