Welcome commitment to stronger protections from hate speech

We commend the Victorian Government’s commitment to stronger laws, systems and services to prevent and address vilification and hate conduct in Victoria.

‘The government’s response to the inquiry into anti-vilification protection recognises the harm caused by vilification in the Victorian community,’ Melanie Schleiger, Program Manager, Equality Law Program.

‘These reforms have the potential to provide better protection from hate conduct, by making Victoria’s laws stronger, easier to use and better enforced,’ said Melanie.

The Victorian Government has committed to extend anti-vilification protections in both criminal and civil law to cover gender, sex, sexual orientation, gender identity and expression, sex characteristics, intersex status, disability, HIV/AIDS status and personal association.

The proposed reforms recognise and seek to address the racism experienced by First Nations people in Victoria. In her evidence to the inquiry, given with Victoria Legal Aid and the Victorian Aboriginal Legal Service (VALS), Gunditjmara elder Charmaine Clarke described the systemic impact of racism:

‘As an Indigenous person, the experience of racism in Australia is effectively a life-long burden. Australians would like to think it is an egalitarian society, but the reality is, racism is so deeply woven into its social fabric.’

‘We see through our work that vilification is widespread, but there are very few examples of the law effectively protecting people from vilification. This contributes to reduced compliance and fewer people seeking to use their rights,’ said Melanie.

‘Today the government has sent a message that there is no place for racism and hateful conduct in Victoria. We also welcome the government’s commitment to engagement with communities directly affected by vilification and hate speech to shape the reforms,’ she said.

The government response recognises that support services, including legal information, are crucial for ensuring that people who experience vilification understand their rights and options and are supported to take action. These services and this information should be designed and delivered in partnership with affected communities.

Strong implementation is key to achieving true change

The government has also indicated support for increasing the powers of the Victorian Equal Opportunity and Human Rights Commission to investigate and address vilification, as well as the creation of a positive duty that requires organisations to take reasonable and proportionate measures to eliminate vilification. We reiterate the importance of these reforms. ‘Significant barriers currently exist for our clients and it cannot be left to victims to take action against hate conduct,’ said Melanie.

We are optimistic about the role strategic litigation can play in raising awareness and increasing compliance with laws, as well as achieving systemic outcomes. We welcome the government’s in principle support to fund organisations to engage in strategic litigation in vilification matters and look forward to conversations with government, VALS and other partners about this recommendation.

Investing in systems to embed and enforce the reforms will be key to their effectiveness. Twenty-five of the 34 recommendations are supported in principle and subject to further consideration as part of future budget processes.

‘We look forward to working with government, partners and communities to make sure the implementation of these reforms lives up to their potential to create a fairer, safer, more equal Victorian community,’ said Melanie.

More information

Read our joint submission with the Victorian Aboriginal Legal Service on extending anti-vilification protections.

Read our statement about the final report from the parliamentary inquiry into anti-vilification laws.