It is against the law in Victoria to publicly abuse, mock, or put down people because of some personal traits. The law calls these traits protected attributes. They include race, gender and religion.
Putting someone down because of these traits is called vilification.
It is also against the law in Victoria to encourage other people to feel hatred towards a person or a group of people because of a protected attribute. The law calls this incitement.
Traits protected by Victorian law
Protected attributes include:
- disability
- gender identity (including transgender or non-binary)
- race
- religious belief or activity
- sex
- sex characteristics
- sexual orientation
- personal association (for instance, being in a relationship with a person with protected attributes).
Examples of vilification under Victorian law
Actions that might be considered vilification include:
- abusing someone on public transport or in the street because of their race or religion.
- posting homophobic or transphobic statements on somebody’s social media page.
- making misogynistic statements in the workplace.
- insulting somebody in a shop because of their disability.
Examples of incitement under Victorian law
Actions that might be considered public incitement include:
- speeches
- calling for harm towards a particular race or religious group at a rally
- broadcasting online or displaying notices
- public gestures such as Nazi salutes or wearing offensive slogans on shirts
- handing out pamphlets
- distributing or displaying transphobic or homophobic posters or stickers
- posting videos on YouTube that show hatred for women or girls, also known as misogynism.
Public incitement can take place on private property and at places not open to the public. This includes workplaces, schools and prisons.
When is vilification or incitement not against Victorian law
There are times when something usually considered vilification or incitement is not against the law. This includes:
- artistic works or performances
- discussions or debates as part of genuine academic, artistic, public interest, religious or scientific purposes
- fair and accurate reporting on something of public interest.
Your options with vilification and incitement under Victorian law
If you are in immediate danger or want to report a crime to the police
Call 000 or visit a police station.
If someone has threatened to hurt you or damage your property, it is a crime. The police can investigate and charge the person.
It is also a crime if someone tries to make other people feel deep hate, disgust or scorn towards you personally because of your protected attribute, or towards people with your protected attribute generally. For it to be a crime, the person must either mean to cause people to feel deep hate, disgust, or scorn, or they must believe it is likely to be caused.
The law is complicated – get legal help
If you have experienced vilification or incitement, you have options to stop it, or to get compensation or an apology. Some options become more difficult if you have waited longer than 12 months.
Victorian and Australian (Commonwealth) laws can be different. For instance, some actions are illegal under Victorian law, but not under Commonwealth law. The opposite can also be true.
It can be confusing to understand your options. Sometimes if you choose one option, you cannot choose another option later. It is best to get legal advice. Contact us for more information and how to get help.
Make a complaint through VEOHRC
You can complain about vilification and incitement to the Victorian Equal Opportunity and Human Rights Commission (VEOHRC). They can help you and the other person talk to each other to solve the problem. This is called dispute resolution and can be faster and less stressful than going to court. VEOHRC can help you reach an agreement, which might include:
- the person making an apology
- a promise that they will stop the behaviour
- money to pay for the harm caused (compensation).
Make an application to VCAT
You can apply to the Victorian Civil and Administrative Tribunal (VCAT) to resolve disputes. You might do this if the VEOHRC dispute resolution didn’t work, you don’t want to go through the dispute resolution process. To apply to VCAT you must have witnessed the vilification or acts of hatred, or had it directed at you personally.
If VCAT decides that a person acted against the law, it can make an order to try fix the harm. An order might include making the person:
- apologise or issue a retraction
- not engage in similar behaviour in the future
- pay compensation.
If you weren’t present when the vilification or incitement happened
You can make a complaint to VEOHRC or apply to VCAT about vilification or incitement even if you were not present when the vilification or incitement happened, so long as you have the protected attribute in question. For example, you can complain to VEOHRC about something that was said at a rally even if you were not at the rally. An organisation that helps or advocates people with your protected attribute can also go to VEOHRC or VCAT on your behalf.
Racial vilification and racial hatred under Commonwealth law
There are also laws that cover all of Australia. These are called Commonwealth laws. In Australia it is illegal to behave in a public place in a way that is likely to offend, insult or humiliate a person or people, based on their race, ethnicity, the colour of their skin or where they were born.
Behaviour that is against Commonwealth laws includes:
- shouting racist slurs
- the use of offensive racial stereotypes or racial comments in the media
- writing racist graffiti in a public place
- making racist speeches at a public rally to an audience
- placing racist posters or stickers in a public place.
Racial abuse can be written or verbal.
A public place is any place where the public are invited or have access, including:
- shops
- streets
- workplaces
- public transport
- sporting arenas.
It also includes public communication, such as newspapers, pamphlets or brochures, TV and radio programs, or the internet.
When is racial hatred not against Commonwealth law
There are exceptions that allow some actions if they are done ‘reasonably and in good faith’. The exceptions cover:
- an artistic work or performance
- a publication, discussion or debate on a matter of public interest
- a fair and accurate report on a matter of public interest
- a fair comment on any event or matter of public interest if the comment is an expression of a person’s genuine belief.
Your options with racial vilification and racial hatred under Commonwealth law
If you have been affected by racial vilification or racial hatred, you can make a complaint to the Australian Human Rights Commission.
It can be difficult to make a complaint if you have waited more than two years. The Australian Human Rights Commission will try to help you resolve your dispute.
If you cannot resolve your dispute at the Australian Human Rights Commission, you will need to go to the Federal Court.
It can be confusing to understand your options. Sometimes if you choose one option, you cannot choose another option later. It is best to get legal advice. Contact us for more information and how to get help.
Explore our related pages
Support form other websites
- Australian Human Rights Commission – Race discrimination: Learn how Racial Discrimination Act protects people from less favourable treatment because of their country of birth, ethnic origin, or skin colour.
- Australian Human Rights Commission – Racial discrimination complaints: Find out about the Racial Discrimination Act and what to do if you experience discrimination or racial hatred.
- Victorian Equal Opportunity and Human Rights Commission – Get help: Find out how to make a complaint and get help.
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