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Freedom Party Pledges to Resist New Hate Speech Legislation, Specifically Opposing ‘Sam Kerr’ Clause


The ‘Sam Kerr’ clause mandates prosecutors to consider the ’social, historical, and cultural’ context of an offense.

Greg Cheesman, a representative of the Freedom Party, plans to actively address issues with Victoria’s new hate speech laws in the next federal election. These laws provide additional protections for marginalized individuals from prosecution.

The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill was passed in the upper house with 22 votes to 17 on April 2, with support from the Greens and Animal Justice Party. It extends Victoria’s hate speech laws to safeguard individuals from vilification based on certain characteristics like disability, gender identity, and sexual orientation. Violators of these laws could face up to five years in prison.

Moreover, the bill includes the controversial “Sam Kerr” clause, requiring prosecutors to take into account the “social, historical, and cultural context” of an offense (pdf).
This clause was inspired by Australian women’s soccer captain Sam Kerr’s case, where she was charged but found not guilty of racially aggravated harassment after an incident with a British police officer (stupid and white).

The aim of the Victorian government’s clause is to shield certain marginalized groups or individuals from future prosecution, as noted by the Animal Justice Party’s Georgie Purcell, to prevent the misuse of vilification laws against their original intent.

Concerns About Unforeseen Consequences

Opposition Leader Brad Battin voiced concerns that the Bill could restrict free speech and opposed it throughout the process.

Cheesman also worries that these laws could further erode civil liberties.

“The number-one priority is freedom of speech. Being a freedom party, we’re very passionate about that,” he told The Epoch Times.

Cheesman cautioned that many Victorians may have accepted the hate speech laws without fully grasping the potential future implications.

The Freedom Party was established in 2022 by Morgan Jonas with a critical stance on lockdowns and vaccines. While not securing any seats, it joins other right-leaning parties in the Australian political spectrum.

A ‘Multi-Tiered’ Justice System

The British Australian Community (BAC) opposes the “Sam Kerr clause,” arguing that it introduces a “multi-tiered” justice system.

“Victoria’s twisted perversion of Australian law isn’t just two-tier justice, it is multi-tier, with white males being subordinated at the bottom of what looks like an Anglophobic, ethnic hierarchy,” observed BAC President Harry Richardson.

Fellow Conservative Party Also Concerned

The Libertarians, a fellow minor party, share these concerns and criticize the new federal-level hate crime laws as “anti-free-speech.”

Cheesman revealed that a stronger stance on freedom of speech from the Liberal Party could reduce the prevalence of minor right-wing parties in the political landscape.

The Freedom Party is currently focusing on the upcoming Victorian state elections set for Nov. 28 next year.



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