Amidst the growing relevancy of technology, hate speech has become increasingly visible, especially on social media platforms. As expressed by the United Nations, hate speech is capable not only of causing personal harm, but is an outright attack on the ‘very essence of human rights norms and principles.

Yet, the current anti-vilification laws in Victoria proves to be inadequate in protecting individuals against vilification. This has led to an insurgence of public calls towards a reform in the existing legislations.

Hate Speech in Australia

Hate speech refers to speech which expresses hatred targeted at a group of people in our society based on discrimination and prejudice.

In Australia, it is illegal for a person to incite hatred or violence based on a person’s race or religion under the Racial and Religious Tolerance Act 2001 (Vic) (RRTA).

Under section 7 and 8 of the RRTA, vilification is defined as ‘public behaviour that incites or encourages hatred, serious contempt, revulsion or severe ridicule against a person or group of people based on their race or religion’. Such narrowly defined definition has. however, proven to be problematic on several grounds.

Issues with the RRTA

The RRTA does not protect everyone

The implicit exclusion in RRTA means that the protection applies only to racial and religious vilification. It follows then-for LGBTIQ+ people, women, and people with disabilities-there are no protections available.

Recent statistics has demonstrated that:

Nearly 60% of LGBTIQ young people have experienced verbal abuse due to their sexuality or gender identity.
About half of Australia’s young women have experienced online abuse.
The Royal Commission in Violence, Abuse, Neglect and Exploitation of People with Disability found an unacceptable rate of verbal abuse and offensive language in public place for people with disability.

The RRTA sets the legal threshold too high

Under the RRTA, the law only targets serious incitement or hatred. However, other types of harmful hate speech-like that of harmful and offensive comments, insults, and humiliations in the workplace-are left unaddressed.

Furthermore, the current test for vilification in a civil claim under RRTA ss 7 and 8 focuses on incitement of hatred. This is difficult to prove-the applicant must prove that the conduct incites others to hate them because of their race or religion.

It was found that of the approximately 16 cases that proceeded under the RRTA since its enactment, only two have been successful.

What Does This Mean for Us?

A parliamentary inquiry into Victoria’s anti-vilification was conducted in 2021. It was subsequently found that the legislation fails to adequately prevent or address vilification.

The inquiry recommended several changes to the existing legislation in hopes of strengthening civil and criminal anti-vilification protections. Some of those included:

Expanding the civil and criminal protection to more Victoria’s beyond race and religion, to extend protection for vilification because of their LGBTIQA+ status, identity, gender, disability, or HIV/AIDS status; and
Simplifying offences for serious vilification so they are easier to prove.

Ideally, these proposed changes should better protect and promote human rights by strengthening civil and criminal anti-hate laws. However, the changes are yet to be implemented into the Victorian legislation.

Likewise, there has also seen a government drafting or a hate speech law. This proposed law would cover speech that incites hatred in relation to sex, sexuality, gender, race, and religion. New offences would also be created under the Criminal Code.

It is expected that the legislation will be ready for introduction in August 2024.

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This blog post provides general information and is not intended as legal advice. It may not be complete or up-to-date. For specific legal advice, please consult a qualified lawyer.