Proposed Hate Speech Laws in Australia

New Anti-Vilification Laws Proposed by Victorian Government

The Victorian Government in Australia has proposed new anti-vilification laws that could see Victorians serving prison sentences of up to five years for hate speech. The proposed laws would make it an offence to incite hatred, serious contempt, revulsion, or severe ridicule of a person or group based on their sex, gender identity, or race. The laws would also make it illegal to threaten physical harm or property damage on the basis of a protected attribute.

Lower Legal Threshold for Prosecution

The new laws would lower the legal threshold for prosecuting individuals for vilification and would include gender identity, sex, sex characteristics, sexual orientation, and disability to the list of protected attributes, alongside race and religion which are already protected. The laws would apply to anyone, anywhere who vilifies a person in Victoria, although the enforcement of this could prove challenging.

Human Rights Groups Welcome Proposed Laws

Human rights groups, including the Victorian Equal Opportunity and Human Rights Commission, have welcomed the proposed hate speech laws. The Commission has been actively advocating for stronger legal protections to protect Victorians from hate conduct. The government has committed to strengthening the state’s anti-vilification laws, acknowledging the profound impacts of hate conduct and vilification on individuals and communities.

Concerns Over Proposed Laws

However, not everyone is in favor of the proposed laws. Victorian MP David Limbrick has expressed his concerns, stating that the government’s definition of public conduct is so broad that it includes private property. He also voiced concerns over the potential for individuals to be criminally prosecuted for incitement of “severe ridicule” on the grounds of a protected attribute, with a maximum penalty of three years prison time.

Implications of Proposed Laws

Under the proposed laws, Victorians could potentially be prosecuted or sued for things said in a private setting, such as a backyard barbeque. The proposed criminal incitement offences apply to both public and private conduct, meaning that hate speech or conduct could be considered a crime, regardless of where it occurs.

Federal Hate Speech Bill

While Victoria is working on strengthening its anti-vilification laws, a federal hate speech bill is already moving through the Australian Parliament. This bill targets speech and conduct that recklessly incites violence against people because of their race, religion, and other protected attributes.

Looking at the UK's Hate Crime Laws

Scotland passed laws in April of this year making it a crime to “stir up hatred” against protected groups, with a maximum prison sentence of seven years. The laws have resulted in an increase in reported hate crimes and a strain on the police force. The situation in Scotland offers insight into what Victorians might expect if the proposed laws are passed.

Free Speech Under Threat

The proposed hate speech laws are just a few of the reforms that could potentially curtail free speech, both on and offline. The Australian Government has recently tabled a bill to combat misinformation and disinformation and has committed to legislation imposing social media age limits. Critics are concerned that these laws will have a chilling effect on legitimate speech.

Bottom Line

The proposed hate speech laws in Australia are a significant development in the ongoing global conversation about free speech and its limits. While the laws are intended to protect individuals and communities from hate conduct and vilification, there are concerns about the potential impact on free speech. What are your thoughts on this issue? Do you think these laws are necessary, or do they go too far? Share your thoughts with your friends and sign up for the Daily Briefing, which is delivered every day at 6pm.