Premier scraps controversial political defence from proposed hate speech laws

The Coalition has been called “gutless” for refusing to support the government’s newly amended hate speech laws, as Jewish leaders plead with all MPs to back the Bill.

The Allan government has hit another roadblock in a desperate attempt to push through its proposed hate speech laws after key changes failed to gain bipartisan support.

In a bid to shore up support from religious groups, Premier Jacinta Allan revealed on Tuesday the government would drop its controversial “political purpose defence” following fears it would water down new anti-vilification laws.

A religious defence was also beefed up, with protections for “proselytising and preaching” introduced, after Christian groups and Archbishop Peter Comensoli raised concerns the laws could restrict religious speech.

But the changes still failed to get the Coalition on side, despite the government addressing their key objections to the proposed laws and calls from Jewish leaders to back the proposed laws.

Premier Jacinta Allan announced a controversial political defence will be scrapped from its proposed hate speech laws. Picture: NewsWire

Attorney-General Sonya Kilkenny called the decision “gutless” on Thursday afternoon and accused the Coalition of “inventing another reason to oppose it”.

While the Bill would easily pass the lower house given Labor’s majority, a vote was initially delayed over growing concerns it would not pass through the upper house, and as stakeholders, including Jewish and Muslim leaders, lobbied the government to commit to key changes.

But in preparation for parliament, Ms Kilkenny penned a letter to religious groups outlining the new changes.

She said she was satisfied removing the political defence “won’t detract from the aims or the success of the Bill” in a move which secured the support of all major Jewish groups.

An expansion of the religious defence to include “proselytising and preaching” along with “worship, observance, practice, teaching” was also welcomed by the Australian Christian Lobby.

But ACL Victorian director Jasmine Yuen said it was not enough to gain their support, arguing the vilification threshold was too “low and subjective”.

The proposed laws will make it easier to prosecute offenders by lowering the legal test to “likely” to incite hatred against, serious contempt for, revulsion towards, or severe ridicule of another person or group based on an expanded list of protected attributes, including sexuality and gender.

Adass Israel Synagogue Ripponlea which was recently fire bombed interior of the library. Picture: David Caird

Tougher penalties would also apply for those who vilify and threaten others based on a protected attribute, including up to five years jail time.

Jewish leaders, who had lobbied the government to scrap the political defence, urged all MPs to support the amended proposal.

Zionism Victoria president Elyse Schachna said the Bill would “send a message that extreme hate speech has no place” in Victoria, while Zionist Federation of Australia president Jeremy Leibler said the proposed laws would “make the evidentiary thresholds for hate speech fairly and reasonably attainable, while protecting free speech”.

Despite the opposition centring their objection to the Bill around the political defence, Shadow Attorney-General Michael O’Brien on Tuesday said their were still “major problems” and that the party would vote against the current proposal.

Shadow Attorney-General Michael O’Brien says the political purpose defence should never have been included. Picture: NCA NewsWire

While supportive of the criminal elements, Mr O’Brien took issue with a “subjective” civil harm provision.

“It isn’t what the reasonable person would believe to be harmful,” he said.

“It’s what the reasonable person with a particular set or subset of protected attributes would regard as being reasonable.

“That’s … a massive change in the law.”

Introducing the amendments, Ms Allan said the opposition would have to “explain themselves to the Jewish community, to the Hindu community and to all Victorians, multicultural and multi faith communities”.

Originally published as Premier scraps controversial political defence from proposed hate speech laws