Victoria has moved to tighten its legal grip on hate speech, passing a law that broadens who is protected and introduces criminal charges with tougher penalties. The changes, part of the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024, aim to offer more ways to tackle speech and conduct that causes serious harm.
The Allan Labor Government, which introduced the Bill, says the reforms send a strong message that vilification has no place in Victoria—whether it happens on the street, in a community hall, or online. The new measures make it a crime to incite hatred, contempt, or revulsion against someone because of their protected attribute. Threats of violence or property damage linked to those same attributes can now land perpetrators in jail for up to five years.
Attributes covered by the law now include disability, gender identity, sex, sex characteristics, sexual orientation, and even personal connection with someone who has one of those traits—like being a parent of a child with disability.
Attorney-General Sonya Kilkenny said the law balances protection with the right to speak freely. “Victoria is proudly a place where people come from all sorts of backgrounds but are one united community,” she said. “Everyone deserves to feel safe in Victoria, and these laws send the strongest message that we will make sure that’s the case.”
The law doesn’t just focus on criminal action. It strengthens civil remedies too, giving people the option to go through the Equal Opportunity Commission or the tribunal. The government says this allows for more accessible outcomes—like apologies or compensation—without needing to go through the courts.
The Liberal Opposition wasn’t convinced the law gets the balance right. MP Chris Crewther said while the aim is understandable, the drafting left too much room for confusion. He pointed out that amendments from the Opposition—especially around how political speech is handled—weren’t taken up. He also raised concerns about unintended consequences for free expression.
Some community groups were also wary. LGB Alliance Australia, in a letter to Opposition Leader Brad Battin, called for a different legal framing altogether. They want Victoria to take cues from the UK’s Khan Review, suggesting that the state consider a new offence around “freedom-restricting harassment” instead of criminalising incitement in this way.
For now, the government says the Bill keeps existing protections for religious and artistic expression. Genuine religious activities—whether it’s worship, teaching, or preaching—remain lawful. So does public discussion carried out for academic or journalistic purposes.
The Bill has passed, but the debate hasn’t gone anywhere. Supporters say it’s a long overdue protection for people who too often suffer in silence. Critics worry about how it’ll be applied in practice. Some call it a strong stance against hate; others see the lines between offence and criminality getting blurrier.
Either way, the law is now in force. Whether it delivers clarity—or creates more questions—will likely depend on how it plays out in real cases.
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