Vilification crimes to attract longer prison terms under law proposal

The Victorian government is set to crackdown on vilification crimes, with new lengthy prison terms proposed for those found guilty.

Victorians found guilty of vilifying offences would face up to five years in jail under newly proposed anti-vilification laws released by the state government.

Two new criminal offences would also be introduced which will remove the requirement to prove both incitement and threat, making it easier to prosecute offenders.

The proposed laws would make it an offence to “incite hatred against, serious contempt for, revulsion towards or severe ridicule” of a person or group based on their race, religion or sexual identity.

It would also be illegal to “threaten physical harm or property damage on the ground of a protected attribute”.

The Herald Sun understands Attorney-General Jaclyn Symes will brief cabinet about the legislation in the coming weeks.

Government sources have told the Herald Sun that the proposed laws are on track to be introduced to parliament this year.

Attorney-General Jaclyn Symes. NCA NewsWire / David Crosling

Under the reforms, which are up for consultation, an incitement offence would have a maximum penalty of three years imprisonment, while a threat offence would have a maximum penalty of five years imprisonment.

Those who commit serious vilification offences currently face a maximum penalty of six months imprisonment, an $11,855.40 fine, or both.

The original motivation for the legislation – which is a complete rewrite of the Racial and Religious Tolerance Act – was due to fears of Islamophobia after women were getting spat on for what they were wearing.

But it has since expanded to address rising anti-Semitism, as well as other attributes including to protect people with disabilities and members of the LGBTIQ+ community.

Prominent religious leader Rabbi Gabi Kaltmann, who has been working with the Attorney-General to sculpt the reforms, said the past 12 months of religious and cultural tensions – including multiple violent clashes – have demonstrated an “urgent need” for law reform relating to anti vilification laws.

He said while the federal government “lacked the moral clarity” to strengthen anti-vilification laws, the state government’s draft changes were “bold and courageous”.

Dr Dvir Abramovich, Chairman of the Anti-Defamation Commission. Picture: Tony Gough

Dr Dvir Abramovich, Chairman of the Anti-Defamation Commission – who led the campaign to ban the Nazi swastika and salute – said the revised laws would “provide a more comprehensive shield against the corrosive effects of vilification”.

“The beast of bigotry, hatred and antisemitism has broken free from its societal chains and is running rampant through our once-peaceful state sowing destruction and chaos,” he said.

“Now is the time to speed Victoria’s journey towards equality and justice.”

Originally published as Vilification crimes to attract longer prison terms under law proposal