Second Reading – Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024

The term ‘vilification’ is more commonly known as hate speech or conduct but includes a broader range of behaviours that incite hurt and harm. At present there are only two attributes protected from vilification by the Racial and Religious Tolerance Act 2001, which are race and religious belief or activity. The bill seeks to expand the list of attributes which are protected from vilification to include race, religious belief or activity, disability, gender identity, sex, sex characteristic, sexual orientation and personal association with a relative or otherwise with a person who identifies by reference to any of the above attributes. There is no doubt that we need to address the increasing vilification and hate that is sweeping our nation and in fact internationally. There are many people in our communities and more broadly that are being subjected to the most extreme impacts of vilification and hatred, causing pain and fear – from many different walks of life. I was hoping like many others that this bill would make the changes that are needed, but as the leading speaker and member for Malvern pointed out, this bill is flawed in many cases and will be making things worse, not better. That is why this side of the house opposes this bill.

I have been contacted, like many others in this chamber, by many members of the community, those that are directly impacted by vilification and hatred and that also oppose this bill.

That should send a resounding message to the government that it has got many things in this bill wrong. This bill has been highly criticised by many groups in the community, including the Jewish Community Council of Victoria. This is in direct relation to the defence – voices that we have listened to. Contrary to the former speaker, we are absolutely listening to those that are directly impacted – and many of them – every single day. This bill notes that it is a defence to a charge against this offence if the accused engaged in the conduct for a genuine political purpose. This is a new defence. This has been highly criticised. As I said, the Jewish Community Council of Victoria has raised its concern that this defence not become a catch-measure. It renders that these new laws will be unworkable. The Islamic Council of Victoria has warned that misuse of this defence has the potential to allow individuals openly preaching or inciting hate to evade responsibility by hiding behind a claimed political purpose. Labor’s bill has united Jewish and Muslim Victorians, with them expressing serious concern about political defence.

The bill creates an offence of incitement on grounds of protected attributes in the Crimes Act 1958. Whether the conduct is likely to incite hatred is to be determined objectively. This is a lower threshold than the current serious vilification offences, which require proof that the accused knew their conduct was likely to incite hatred and threaten physical harm. Another significant change will be amending the legal test from ‘public conduct that incites’ to ‘public conduct that is likely to incite’, so it will not be necessary to prove that the conduct actually incited hatred but that it was likely to incite such conduct. This is a lowering of the test.

A number of faith groups have expressed concern that the deletion of ‘proselytising’ from the non-exclusive definition of religious practice in the bill may lead to that activity not being protected. Currently the criminal offence has an obligation to prove that a person’s action has both incited hatred and threatened physical harm or property damage on the grounds of a protected attribute. It is a concern that there is no obligation to demonstrate that impugned conduct actually incited hatred or that the impugned conduct actually led to someone feeling threatened for their person or property. This is a lowering of the legal threshold. It may make it easier to secure convictions. However, it could mean that people are convicted for intentional or reckless behaviour that falls short of the previous standards.

For the first time legislation will create a green light for people to engage in conduct that incites hatred against or serious contempt for or serves to ridicule a person or group on the basis of a protected attribute with no criminal consequence. Such a defence was not a recommendation of the parliamentary inquiry. It appears to have been adopted by the government very late in the process of the development of this bill.

What is a general political purpose will have to be determined by the courts. However, given Zionism is regarded as a political movement rather than a race or religion, any incitement against Jewish people that uses the term ‘Zionist’ rather than ‘Jew’ will likely be protected under this defence. This bill will act as a green light to the incitement of hatred against Jewish people by utilising this new ‘genuine political purpose’ defence.

Recently there has been an alarming increase in reports of hate speech and conduct. The 2024 report Understanding Reporting Barriers and Support Needs for Those Experiencing Racism in Victoria reported that 76 per cent of people surveyed stated that they or someone in their care had experienced racism in Australia. Many of us experience displays of racism and hatred every day. Often you will hear stories of terrible incidents where people have felt that they have been discriminated against or they have had to experience circumstances of hate speech. Many of us in the community must stand up for other people’s rights.

The LGBTIQ+ community experiences high rates of poor mental health and suicide. Goulburn Valley Pride are a local organisation in my electorate who are doing great work in my community. It is so important that we all work harder so that people in our communities feel safe and respected and do not live in fear of vilification or hatred just because of who they are. Regardless of their culture, faith, sexuality, religion or circumstances, people need to live in a society where they feel safe, understood and respected.

I recall an incident at a supermarket very recently. As you know, I live in a very multicultural community. I was at the check-out where a Muslim girl was subjected to a disgusting display of racism. She had to get a price-check for the customer that she was serving. She was told to hurry up. The man was aggressive and pushing groceries at her. I was behind him, and I told him to stop.

He paid, snatched his bag, turned to her and said she did not belong here and to go back where she came from. These types of behaviours and discrimination continue and will escalate if we do not call them out.

The 2023 Victorian Antisemitism Report recorded that there has been a 220 per cent increase in antisemitic incidents. We are seeing an alarming display of antisemitism, hatred, targeting of people’s properties and acts and threats of terrorism. Community members do not feel safe in their homes, their workplaces, as I have pointed out, their schools, their places of worship and on the streets. In 2019 the eSafety Commissioner reported that around 14 per cent of Australian adults were estimated to have been the target of online hate speech in the previous year, with LGBTQI+ communities and First Nations people experiencing online hate speech at more than double the national average. In 2021 the Victorian parliamentary inquiry into anti-vilification protections examined the operation and effectiveness of the Racial and Religious Tolerance Act. The inquiry heard that vilification is commonly faced by many Victorians, including First Nations people, Muslims and Jewish people, women, LGBTQI+ communities and people with disabilities – many vulnerable people in our community who are facing fear, threats and hatred. It is devastating to see the level of hatred and acts of vilification that are happening in our nation, and we have to do better. It is disappointing that this bill is letting the communities down that need it most. Acts of hatred and the targeting of specific communities are distressful, and they should never be tolerated. If they continue to escalate, they will set a precedent, and the acts of hatred and vilification will continue. We have to get this right, and we have to put in place the right legislation that will protect people.

As I said, I live in a very multicultural community, one of the most multicultural communities in this country. In fact we have over 58 languages spoken daily. I will always stand up against discrimination and hate. There is work to be done, and communities have a role to play. But we have a role to play, and we must have the legislation in place to make the difference that we are all referring to today. Coming together united, standing shoulder to shoulder and striving to live in peace and harmony should be a given, not living in a world of hate and injustice. It is actually astounding to think that we have to stand in this chamber and make these changes and that this is actually happening in Australia, in a country that is supposed to be a country of freedom of speech, the Lucky Country and a place for all. For those that do choose hate, they need to be held accountable. From some of my closest friends from diverse and different backgrounds, cultures, faiths and beliefs, I have seen firsthand the impact of discrimination and hate and the pain that it causes. Often the hurt is hidden by the impact and is deep. I do support the reasoned amendments, and I hope that we can work together on this and that we deeply make the changes that need to happen.