The Victorian government has introduced significant changes to hate speech laws, with new penalties including up to five years’ imprisonment for serious vilification offences. These changes, passed under the “Anti-Vilification and Social Cohesion Bill,” aim to address rising concerns over hate speech while ensuring safeguards against misuse.
Key Changes Under the New Laws
- Increased Penalties: Those found guilty of inciting hatred or making threats based on protected attributes now face a maximum of five years in prison, up from six months.
- Expanded Protections: The law now covers disability, gender identity, sex, and sexual orientation, in addition to race and religion.
- The ‘Sam Kerr Clause’: Named after the Matildas star’s UK trial, this safeguard ensures that courts consider social and historical contexts in vilification cases. This aims to prevent the laws from being weaponised against marginalised communities.
- Third-Party Oversight: Police must now seek approval from the Director of Public Prosecutions before pursuing charges under these laws.
- Restricted Religious Exceptions: Amendments prevent religious defences from being used to justify vilification of LGBTQ+ and other vulnerable groups.
- Legal Test for Civil Cases: The new law applies a specific legal test to civil vilification claims, asking whether a “reasonable person with the protected attribute” would consider the conduct hateful. This is a departure from the broader “reasonable person” test previously used.
- Protections for Activism: Concerns were raised that without safeguards, the laws could be misused to criminalise activists and individuals speaking out against systemic injustice. The Greens’ amendments ensure that people from over-policed communities, particularly First Nations individuals, are not unfairly targeted for challenging oppressive systems.
- Influence of Federal Case Law: The law codifies principles from McLeod v Power (2003), in which a racial vilification claim was dismissed after an Aboriginal woman called a white prison officer “white.” This precedent recognises the power dynamics involved in vilification cases.
What This Means for You
These reforms signal a tougher stance on hate speech, but also introduce new legal complexities. The inclusion of the ‘Sam Kerr clause’ acknowledges the risk of over-policing and provides an important safeguard for those unfairly targeted by the justice system.
The bill’s passage has sparked debate, with critics arguing that the legal test for vilification is too broad, potentially exposing individuals to legal action for expressing controversial views. The Coalition opposed the bill, citing concerns over free speech implications.
When Do These Changes Take Effect?
- Criminal provisions come into force in September 2025.
- Civil provisions will take effect in June 2026.
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