Victoria Plans to Broaden Hate Speech Legislation to Safeguard LGBT and Disabled Individuals

Expanded hate speech laws in Victoria will now protect LGBT individuals and people with disabilities, in addition to race and religion.

Changes to the Racial and Religious Tolerance Act will make it easier for prosecutors to bring criminal charges by only requiring proof of incitement of hatred.

Attorney-General Jaclyn Symes emphasized that the amendments aim to safeguard vulnerable groups without inhibiting genuine religious practices.

The proposed amendments will also extend legal protections to family members or close associates of individuals with protected characteristics.

As per the Victorian government official site, the updated law will introduce new criminal offences under the Crimes Act to address intentional or reckless hate actions in private and public settings, including online spaces.

Civil protections under the Equal Opportunity Act will be fortified to tackle incitement-based and harm-based hate in public.

Balancing Free Speech with Protections for Vulnerable Groups

A new defense for “political purpose” has been added to shield individuals from incitement charges if acting with legitimate political intent, striking a balance between free speech and public safety.

Vilified individuals will have recourse through the Equal Opportunity Commission or VCAT.

Nevertheless, complaints can now be pursued for conduct in both public and private settings, raising worries among some religious groups about the potential impact on religious teachings.

Attorney-General Symes clarified, “This is not about taking disagreements to court. It’s about ensuring safety and peace of mind for vulnerable people in our community.”

Concerns from Religious Organizations

The proposed laws have stirred concerns among some religious groups. Robert Gregory, CEO of the Australian Jewish Association, questioned the necessity for expansions beyond race and religion.

“Apart from the rising antisemitism crisis, which these changes will have little effect on, it’s unclear why these additions are necessary,” he shared with The Epoch Times.

Gregory expressed apprehension that the laws could be used to suppress diverse opinions by activists, particularly on contentious topics like gender identity.

“Some attributes like ‘gender identity’ are highly contentious, and any attempt to hinder free speech should be resisted,” he noted, highlighting the distinctions between fixed attributes like race and subjective attributes like “religious beliefs” and “religious activities.”

He also raised alarms about the inclusion of private conduct under the law, fearing it might lead to legal challenges against individuals of faith for their private beliefs.

“People of faith from various religions might become targets for ‘lawfare’ by extremist activists,” he warned.

Support for Reforms

In 2019, then-Victorian MP Fiona Patten introduced a bill to broaden hate speech protections to encompass sex, sexual orientation, gender identity, sex characteristics, and disability.

This led to a parliamentary inquiry, with bipartisan support endorsing the extension of hate speech safeguards to the LGBT community as well as women and individuals with disabilities.

The government has signaled its principled support for 34 of the 36 recommendations in a 2021 report.

Even Broader Scope

The Victorian Council of Social Service (VCOSS) backs the government’s proposed reforms but advocates for a wider scope.

VCOSS proposes expanding protections to include sex worker status, homelessness, immigration status, and a more inclusive definition of disability, contending that these additions would offer a more comprehensive shield against vilification.

The Victorian Mental Illness Awareness Council (VMIAC) also calls for safeguards for individuals with mental illnesses.

“Regrettably, Victoria’s anti-vilification laws do not safeguard individuals with lived experience of distress or mental health issues from vilification,” VMIAC emphasized.

Addressing Extremist Behavior, Hate Crimes

The amendments arrive amidst heightened concerns over extremist activities and hate crimes in Victoria.

Recently, Jacob Hersant was sentenced to incarceration for performing the Nazi salute in public.

Simultaneously, law enforcement conducted operations targeting members of the National Socialist Network in relation to numerous hate-related incidents across Melbourne.

This followed a public incident in Port Melbourne where individuals in offensive attire reportedly harassed members of the public.

Earlier this year, the federal and New South Wales governments implemented new restrictions on Nazi symbols and gestures to combat hate-driven extremism.