‘United against American-style division’: Long-awaited anti-vilification reforms reach parliament

Victorians who incite hateful or threatening behaviour will face up to five years in jail under the state government’s proposed anti-vilification laws.

Premier Jacinta Allan detailed the long-awaited changes – which include tough fines and jail sentences for perpetrators of hate crimes – on Tuesday morning, claiming “American-style division” was infiltrating Victoria.

Premier Jacinta Allan (centre) and Attorney-General Jaclyn Symes (in striped skirt) with members of multicultural and advocacy groups on Tuesday.Credit: Eddie Jim

The proposed laws would expand protections for race and religion, which exist under the Racial and Religious Tolerance Act, to include factors such as gender, sexuality and disabilities.

The government will also seek to amend the current exemptions under freedom of expression, which offer some protections in areas such as art and academic research or for religious purposes and matters of public interest.

But the introduction of a “political expression” defence – which the government said was necessary to “protect political communication and allow everyone to engage in genuine and robust debate” – was on Tuesday questioned by Jewish Community Council of Victoria chief executive Naomi Levin.

“The JCCV looks forward to further engaging with the Victorian government to ensure this defence does not become a catch-all measure that renders these new laws unworkable,” Levin said.

The new laws would also create civil offences under the Equal Opportunity Act for vilification on the grounds of personal attributes and expand the Crimes Act to include tough penalties for those who incite hatred.

Allan said the laws would help keep Victorians safe from vilification in all settings.

“It will also help keep us united against that American-style division that is starting to creep more and more into our community, into our dialogue, into our society, by cracking down ... on those who try and whip up hatred against their fellow Victorians.”

Attorney-General Jaclyn Symes said the legislation, which includes two new criminal offences, would make it easier for police to charge perpetrators.

One new offence would make it a crime to incite hatred, serious contempt, revulsion or severe ridicule against another person based on personal attributes. Perpetrators would face up to three years in jail.

The other new offence would make it illegal to threaten physical harm or property damage, which carries a maximum penalty of five years’ jail.

The offences apply to behaviour online as well as in private and public settings.

“These laws are for the Muslim woman who told me she was scared to get on public transport because she was black and wore a hijab, and was threatened once that she’d be pushed off the tram because of those attributes,” Symes said.

“These are consistent stories with what were told to the 2021 parliamentary inquiry. They found that the current laws in Victoria are ineffective and inaccessible. They recommended that we should strengthen anti–vilification laws to protect more Victorians.”

Other changes to existing freedom of expression protections include a tougher threshold for the public interest exemption, while the definition of religious purposes will be amended to clarify what is considered a “genuine religious purpose”.

Church leaders and faith-based groups have previously said the reforms could erode protections for religious freedom and invite discrimination against people expressing orthodox beliefs. They also expressed concern over the change to the definition of the religious purpose exemption.

Symes said she met with various faith groups, including the Australian Christian Lobby and the Catholic Church, to discuss those concerns.

“As a result of some of those meetings, I have ensured that the second reading speech, which will become available ... [on Wednesday] in the [lower house], will make it clear that it’s intended that reasonably conveying a belief and proselytising falls within the exception.”

Liberty Victoria president Michelle Bennett said she welcomed expanded protections for wider groups of people, but said the laws should focus on harm, based on what a reasonable person would consider hateful or contemptuous.

“The risk is that it’s used to suppress legitimate free speech and debate and for similar reasons, we don’t think that criminal offences should have too low a bar,” she said.

“We think any criminal offences should have a higher threshold because we don’t think you should criminalise speech.”

Bennett said Liberty Victoria wasn’t comfortable with the use of the term “social cohesion” if it was used to suppress freedom of thought.

“That’s not to say we welcome any kind of vilification, but the risk is putting too low a bar on this can lead to its use to suppress legitimate political expression,” she said.

Ark Centre Rabbi Gabi Kaltmann welcomed the expanded legislation.

“It doesn’t matter whether you wear a kippah or a hijab. If someone vilifies you, if someone wants to go after you for your faith, your background, your belief and your sexuality, the chances are that they will be charged and go to jail or heavily fined,” he said.

Rabbi Gabi Kaltmann, pictured last year, says the legislation will protect people from vilification.Credit: Luis Enrique Ascui

Women with Disabilities chief executive Julie Kun said: “For the first time, we’re going to have anti-vilification legislation that takes into account women and people with disabilities.”

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