New South Wales Enacts Legislation to Address Hate Crimes, Ban Nazi Symbols, and Combat Religious Harassment
The Human Rights Commission is concerned that freedom of speech could be impacted, as the Minns Labor government has passed three laws that prohibit actions like racial hatred, display of offensive Nazi symbols, and harassment at places of worship.
These reforms were prompted by a rise in anti-Semitic activity in New South Wales, including vandalism of synagogues with swastikas and violent confrontations outside places of worship. Jewish and Muslim communities have reported increased threats and harassment, leading to calls for stronger legal protections.
The laws, passed on Feb. 20, include the Crimes Legislation Amendment (Racial and Religious Hatred) Bill 2025, Crimes Amendment (Places of Worship) Bill 2025, and Crimes Amendment (Inciting Racial Hatred) Bill 2025.
New Offences for Obstructing Places of Worship, Inciting Hatred
The new legislation makes it illegal to obstruct or prevent someone from entering or leaving a place of worship without a valid reason. It also criminalizes harassment, intimidation, or threats directed at individuals accessing or exiting places of worship. Offenders could face fines of up to $22,000, a prison sentence of up to two years, or both.
Additionally, the laws outlaw intentional public incitement of hatred against an individual or group based on race, with an exception for referencing religious texts during teaching.
The legislation also clarifies that graffiti is considered a “public act” under the definition of an offence. Tougher sentencing will apply for displaying a Nazi symbol near a synagogue, the Sydney Jewish Museum, or a Jewish school, especially when the conduct is driven by hate. Premier Chris Minns stated, “Our package of legislation is a strong response to recent antisemitism but will also protect people of all races.”
Attorney General Michael Daley added that the government aims to preserve protest rights and freedom of political expression while ensuring adequate community protection.
Human Rights Commission Warns Against Hate Crime Laws
Despite the government’s intentions to prevent harm and promote equality, the Australian Human Rights Commission has cautioned that the new laws could undermine these rights. The Commission emphasized the importance of balancing free speech and public safety, highlighting the need for hate speech laws to be a last resort reserved for severe incitement to discrimination, hostility, or violence.
The Commission recommended a review of the laws by a parliamentary committee to ensure a fair balance between free speech and public protection.
