Australian Federal Government's new Hate Speech Laws fail to include Hate Speech

Federal Labor has scrapped criminal penalties for the vilification of LGBTQIA+ groups from the Hate Crimes Bill, introduced into parliament today. This comes after legislation announced in February by the Federal Government promised to tackle doxxing and vilification.

MP Mark Dreyfus said during question time earlier today, “Unfortunately, a tolerant society is not something we can take for granted. In recent years, there has been a significant increase in hate-speech and other hateful conduct that urges violence against individuals and groups without our society”.

The introduced legislation will only criminalise threats of violence and incitement to violence, which will bring it in line with other protected classes like race and religion.

CEO of Equality Australia, Anna Brown said in a statement, “The current threats to the community are real, severe and worrying. We are currently working with local groups across the country who are facing threats to their events, intimidation and vile hate speech, just for being who they are. Small but noisy fringe groups are getting louder with libraries and councils now caught up in the rising tide of hate against our community.”

“LGBTIQ+ communities do not have sufficient protection under the law. For our communities the need for greater protection from hate and vilification is urgent. These laws must cover hate speech and conduct as well as threats of violence.”

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The legislation makes a small step forward for queer and gender diverse people, with it notably making actions like the Nazi Banner at Posie Parker’s 2023 display, illegal on the basis that it advocates violence.

However, without vilification laws at a Federal level, LGBTQIA+ people are left to seek redress under a patchwork of state laws, some of which do not make even extreme vilification illegal.

“We want a federal law that protects all of us. The patchwork of laws across the country […] are not fit for purpose.” Anna Brown continued.

Crucially, anti-villification laws only exist in the ACT, Queensland, Tasmania, and New South Wales, with a bill in Victoria that is due to be introduced later this year.