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Racial and religious vilification

Victoria’s Racial and Religious Tolerance Act 2001 (Vic) makes it unlawful to incite or encourage hatred against a person or a group of people because of their race or religion.

Racial and religious vilification is unlawful when it happens in public. This includes things such as:

  • racist slogans painted on signs or as graffiti
  • making racist speeches in a public place
  • verbally or physically abusing someone because of their race or religion
  • making an offensive comment in a publication that is widely distributed, including distribution over the internet or via email.

It is not unlawful in a private discussion that you would not expect other people to overhear.

Racial and religious vilification does not include:

  • an artistic work or performance
  • a statement, publication, discussion or debate in the public interest
  • a fair and accurate report in the media when it is done in good faith.

Complaints about vilification

The Victorian Equal Opportunity and Human Rights Commission (VEOHRC) handles complaints about racial and religious vilification. If you are not comfortable making a complaint to VEOHRC yourself, you can ask someone else – such as another person or an ethnic community group – to make a complaint on your behalf.

As with other types of complaint, if you feel safe talking to the person directly, it is best to try to resolve the matter by asking them to stop the behaviour. If they do not stop, contact VEOHRC for free, confidential advice.

Often VEOHRC resolves complaints by bringing the parties involved together with a conciliator (an independent third person) to try to find a solution that everyone agrees to. This process is called conciliation.

See the VEOHRC website (link below) for more information about racial and religious vilification.

More information

Related websites

VEOHRC – Understanding the Racial and Religious Tolerance Act

How we can help

Call Victoria Legal Aid’s (VLA) Legal Information Service for free information over the phone about the law and how we can help you with your legal problem. You can speak to a legal information officer in English or ask for an interpreter. Phone (03) 9269 0120 or 1800 677 402 (country callers), Monday to Friday from 8.45 am to 5.15 pm.

VLA’s other free legal services include:

  • advice at VLA offices and other locations across Victoria
  • clinics for anti-discrimination matters.

For some matters we can provide you with a lawyer to help you run your case.

To find out more about any of our legal services, see What we do.

Who else can help?

Victorian Equal Opportunity and Human Rights Commission

The Victorian Equal Opportunity and Human Rights Commission administers Victoria’s discrimination laws.

The Complaints Advice Line can give you information and advice about making a discrimination complaint. Contact them on 1300 292 153, weekdays 9 am to 5 pm or by emailing enquiries@veohrc.vic.gov.au. Alternatively you can fill in the Online complaint form.