The Government is progressing work to strengthen the ACT's anti-vilification laws, today commencing a targeted consultation with key stakeholders.
A discussion paper will be provided to stakeholders today and consultation undertaken with groups who experience vilification firsthand, as well as those responsible for applying and enforcing the law.
In the 2024 election, ACT Labor committed to reviewing and strengthening hate crime and serious vilification laws, reflecting our belief that everyone deserves to feel safe, respected and included in our community.
At a time when we are confronting a growing national challenge in addressing extremism, this work is essential to protecting dignity and inclusion, while preserving the space for legitimate debate and freedom of expression.
Vilification is also increasingly taking on new and more complex forms. A contemporary review supports our laws to keep pace with how harm is experienced today and that protections remain fit‑for‑purpose.
Current ACT laws already provide civil and criminal protections against vilification. The review will assess whether these protections are clear, effective and enforceable, including whether thresholds for civil and criminal responses are appropriate and whether enforcement could be improved.
It will include careful consideration of human rights impacts, and safeguarding freedom of expression and legitimate public debate, while also considering what opportunities there are to strengthen the law to better prevent and respond to hate‑based conduct in our community.
Here in the ACT, vilification is primarily addressed through civil protections in the Discrimination Act 1991. Serious vilification is also a crime under the Criminal Code 2002.
Strengthened laws could include increased penalties, or the inclusion of aggravated or additional offences to more clearly capture criminal conduct motivated by hate.
Quotes attributable to Chief Minister Andrew Barr:
"We are seeing the real-world consequences of unchecked hate. Racism, Antisemitism, Islamophobia, and LGBTIQA+ directed abuse are not abstract concepts. They affect people's safety, mental health, and ability to participate freely in public life.
"Strong, well-designed vilification and hate crime laws with broad coverage help draw a clear line: in a diverse, democratic society, there is no place for dehumanisation, intimidation, or incitement of harm against others because of who they are or what they believe.
"Following this review, Labor will seek parliamentary and community support to make sure our laws remain effective, contemporary and in line with community expectations."
Quotes attributable to Attorney-General Tara Cheyne:
"Our existing legislative framework includes longstanding criminal and civil protections against vilification, discrimination and hate speech, and is compliant with human rights.
"The review will look at whether our current laws cover the different ways people experience vilification, whether people feel safe to report it, and whether the system is clear about how these matters are enforced.
"We'll be taking a careful look at human rights impacts too. The review will ensure we protect freedom of expression and genuine public debate while also exploring where our laws could be strengthened to help prevent and respond to hate‑based behaviour in our community."
Quotes attributable to Minister for Multicultural Affairs Michael Pettersson:
"Consultation is a critical part of this review. The voices of people with lived experience of vilification, as well as the organisations that support them, must be at the centre of this work.
"This process is about listening carefully, building consensus, and making sure our laws both protect vulnerable Canberrans and reflect the values of inclusion and respect that define our multicultural community."
