Victoria passes landmark anti-vilification laws
Jewish bodies have welcomed the initiative against hate speech after "explosion of hatred".
The Victorian Parliament has passed significant new anti-vilification legislation that will extend protections against hate speech and serious vilification, with strong support from Jewish community organisations.
The Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024, passed at 1pm on Wednesday after a marathon overnight sitting.
The Labour government said it expands protections to cover more Victorians and introduces tougher penalties for those who incite hatred.
Attorney-General Sonya Kilkenny said the laws send “the strongest message” about community safety.
“Victoria is proudly a place where people come from all sorts of backgrounds but are one united community,” Ms Kilkenny said. “Everyone deserves to feel safe in Victoria and these laws send the strongest message that we will make sure that’s the case.”
Jewish community leaders have welcomed the legislation, which comes after what they describe as an “explosion of antisemitism” following October 2023.
Philip Zajac, President of the Jewish Community Council of Victoria, said the Jewish community had been advocating for stronger hate crime laws for years.
“The passage of these new laws hopefully signals a new era in Victoria where those who are undermining our social cohesion face consequences for their destructive actions,” Mr Zajac said.
“The JCCV will work with our Jewish community and with police to ensure the laws help Jews and other minorities to live in safety and peace in Victoria.”
The legislation creates two new criminal offences for serious vilification: inciting hatred against a person or group based on protected attributes, and threatening physical harm or property damage based on protected attributes. These offences will carry penalties of up to five years imprisonment.
Protected attributes now include disability, gender identity, sex, sex characteristics, sexual orientation, and personal association with a person who has a protected attribute.
The Liberal Party opposition though opposed the bill, describing it as the result of “a secretive backroom deal between the Allan Labor Government and the Greens”.
They believe the new law will make Victorians less safe and less free, weakening criminal protections while empowering activists to use the law as a political weapon.
Shadow Minister for Police and member for Caulfeild, David Southwick, said Premier Jacinta Allan rejected a bipartisan solution that sought to ensure that no matter who you are or where you come from, in Victoria you would be protected from hate.
“Labor’s dirty deal with the Greens undermines Vic Police’s ability to shield the Jewish community from hate. The Greens push for weekly protests with hateful chants, while police remain shackled by requiring DPP approval before taking action”, he said.
The Zionist Federation of Australia and Zionism Victoria jointly welcomed the new laws, with ZFA President Jeremy Leibler and Zionism Victoria President Elyse Schachna issuing a statement of support.
“The Jewish community leadership unites in support of these hate laws, because those who perpetrate the most extreme acts of hatred must be held to account,” they said.
“We have been facing an explosion of hatred in Australia at a time when Victoria’s hate speech laws have been broken – with one successful prosecution for serious vilification in over 20 years.”
The legislation maintains exceptions for genuine religious, academic, artistic, public interest or scientific activities, with the government emphasising that legitimate religious practices will remain protected.
Jewish community leaders said they look forward to working with authorities to implement the new laws, with Leibler and Schachna congratulating the government for “taking a once-in-a-generation opportunity to fix our hate speech laws.”
Not all Jewish groups support the bill though, with the right-leaning Australian Jewish Association expressing concerns about how the laws will be applied.
CEO Robert Gregory said, “We have been approached by members of the community who are especially concerned that Labor made a deal with the Greens, a party that is extremely antagonistic toward the Jewish community”
He said Victorians who express traditional religious views on sexuality and marriage may find themselves hauled before the courts, and there will be an increase in ‘lawfare’ against individuals.
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