The Australian civilian and Administrative Court of Victoria state (VCAT) found that Dr. Jereth Kok, he is guilty of violating professional ethics – not due to any medical negligence, but due to expressing his views on social media.
Australia suspended the doctor for criticism of abortion and genderism. For 12 years, Dr. Kok published posts criticizing abortion, sex ideology, and politics towards COVID-19. The Court found that 54 of these 85 entries constituted a violation of national law, despite their political, spiritual and satirical character – and despite the deficiency of any link with patient care or influence on that care. As for his professionalism at work, there were no complaints or doubts – he did his work well.
VCAT stated that Dr. Kok's posts were "unkind", "obsessive", "insufficiently balanced" and "lowly objective" and justified hesitation before vaccination against COVID-19.
This decision is profoundly disappointing for Dr. Kok and constitutes a worrying precedent for freedom of speech in Australia, especially for professionals of Christian or conservative beliefs. It confirms that regulators, specified as the Medical Chambers there, have crucial powers to punish doctors not only for actions undertaken in the framework of clinical practice, but besides for having and expressing unpopular social or moral views – even for private purposes. The Court considered questions of constitutional protection and freedom of speech, but did not attach much importance to them.
One of the posts considered inappropriate was the satirical article in Babylon Bee, which ridiculed the usage of sex pronouns, which, according to VCAT, shows deficiency of respect for “sexual diversity”.
According to the Court: The post was rude and insulting to LGBTQI+ communities due to the fact that he ridiculed LGBTQI+ people as members of the group...
Another offensive entry was allegedly an article written by Dr. Kok, referring to the ideology of neolysenkoism from a Christian perspective, which the Court found to be "demeanor, humiliating, rude and insulting to LGBTQI+ people". The most serious allegations were not taken into account and more than 1 3rd of posts were not considered irregularities. According to the Court, many posts utilized satirical or sarcasm, while others contained authentic spiritual or political commentary. However, as in the 2 examples above, many of these posts were found to violate national law.
VCAT Decision on Medical Board of Australia v. Dr. Jeremiah Kok signals an alarming increase in regulatory powers on issues related to individual beliefs, political freedom and spiritual beliefs. For Christian professionals – and in rule for any professional whose views disagree from the mainstream of advancement – this may have serious consequences.
Dr. Kok was suspended in the practice six years ago. However, the consequences of the decisions go much further, to all Australians, especially those who work in regulated professions. This decision raises concerns as to whether Australia will proceed to let employers, regulators and the government to exercise power over freedom of speech and expression of personal, political and spiritual opinions.
– The provisions limiting freedom of expression, disguised as “anti-discrimination” and “anti-discrimination”, are part of the jurisdiction of each state and territory. It's a national problem. said Lyle Shelton, the national manager of the conservative household First organization. – They are unAustralian due to the fact that they crush freedom of speech and let injury activists to misuse the legal strategy as a weapon. The government has no right to restrict the right of professionals to express political and spiritual views, especially in a private context – he added.
– possibly VCAT should consider changing the name to ‘Ministry of Truth’, in accordance with its function as guardian of freedom of speech and any related crime of thought related to ‘dual thinking’ – stated Christian commentator Mark Powell. – And yet, unfortunately, we most likely haven't reached the top of the Orwell system. – he added.
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