Victoria’s hate speech laws are set for a significant overhaul to include protections for people with disability and LGBTQIA+ communities, with a lowered threshold for police to pursue criminal charges.
Under the proposed amendments to the Racial and Religious Tolerance Act, protections against hate speech will expand beyond race and religion to cover attributes such as disability and gender identity. The changes will also cover family or close friends of individuals with a protected attribute.
Currently, the laws require police to prove that a person has incited hatred and threatened physical harm or property damage based on race or religion. The revised threshold will require only proof of incitement to hatred or threat of physical harm on the grounds of a protected attribute.
“This isn’t about curtailing people’s ability to practice the religion that they hold,” Attorney-General Jaclyn Symes told the ABC. “This is squarely about protecting vulnerable people from hate speech.”
The new laws, expected to be introduced in state parliament this month, are “a crucial step forward” in safeguarding the dignity and rights of people with disability, Melba CEO Hayley Dean said.
“Intimidatory language targets the very fabric of people’s lives and erodes their sense of safety, belonging, and equality – values that we at Melba hold dear,” she said.
“These proposed changes are especially welcome as they acknowledge the unique vulnerabilities of people with disability, many of whom have faced discrimination, prejudice and harmful speech for far too long.
“The broader legal protections will help create a safer environment and send a powerful message that discrimination in any form is unacceptable.
“Melba is committed to fostering inclusivity, respect and a supportive society.”
Transgender Victoria CEO Son Vivienne highlighted the broader social impact of the amendments, emphasising that the changes could lead to greater reflection on how language and ideas impact marginalised communities.
“It’s really deep and powerful when we see lawmakers actually acknowledge our right to be the way we are, regardless of how we present, or our pronouns, or our names,” they told the ABC.
Islamic Council of Victoria president Adel Salman welcomed the lowering of the threshold because the laws were more “accessible” which was an important deterrent.
Rabbi Gabi Kaltmann, who runs the Ark Centre in Hawthorn, told the ABC: “The broadening of these laws is going to make more and more Victorians safe.”
The expanded legislation aims to create a more inclusive society while protecting individual rights.
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