Victoria has introduced tough new anti-vilification and social cohesion laws, expanding protections against hate speech to encompass disability, gender identity, sex and sexual orientation. The legislation imposes penalties of up to five years in prison for serious offenses, such as inciting hatred or making physical threats. A notable feature, the "Sam Kerr clause," aims to prevent misuse of the laws against the very communities they intend to protect. The changes are set to take effect in September for criminal offences, with civil provisions to be implemented by June 2026
Under the Racial and Religious Tolerance Act 2001 a person must not on the ground of race or another person or class of persons, engage in conduct that incites hatred against serous contempt for or revulsion or severe ridicule of that person or class of persons.
However, there is no common definition of vilification in Australian jurisdictions.
Similarly to vilification, there is no uniformed definition of social cohesion in Australian legal jurisdiction.
The Bill has introduced two new criminal offences relating to serious vilification:
- It will constitute an offence to "incite hatred, serious contempt, revulsion or severe ridicule" against an individual or group based on their protected attributes.
- It will constitute an offence to "threaten physical harm or property damage" against an individual or group based on their protected attributes.
The Victorian government has stated that this inclusive approach "ensures all Victorians are protected from vilification and hate based on who they are, their faith, their heritage, or whom they love and care for."
Under the new legislation, individuals convicted of serious vilification offences, including inciting hatred or making physical threats, could face up to five years in prison.
The Bill includes several safeguards, such as mandating that police and the courts take into account the "social, historical, and cultural context" when making decisions about vilification in both civil and criminal cases.
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