The Australian Capital Territory government is set to consider introducing criminal penalties for promoters of hate speech as part of a major review of its anti-vilification legislation. The move aims to strengthen protections for minority groups, including Jewish and Muslim communities and LGBTIQA+ people.
Government Seeks Stronger Protections
ACT Chief Minister Andrew Barr announced on January 19, 2026, that his government would seek community and parliamentary backing for tougher laws. The proposed changes come amid a renewed national debate on hate speech following the Bondi terror attack in December, which prompted a recall of federal Parliament.
Mr Barr stated the government's position clearly: "We support laws that support social cohesion by making it clear that disagreement must never become dehumanisation, and belief must never become a weapon against others." He emphasised that protecting one group strengthens safety for all.
Current Laws and Proposed Changes
Currently, the ACT's Discrimination Act makes hate speech unlawful but generally does not attach criminal penalties. The Act already prohibits incitement of hatred on grounds including race, religious conviction, sexuality, gender identity, and disability among 24 protected attributes.
The proposed overhaul could see two key enhancements:
- Increased civil penalties for vilification.
- New criminal penalties for the most extreme cases of hate promotion.
Mr Barr was careful to note that the laws are not intended to stifle legitimate debate or criticism. "They are about stopping conduct that crosses into harassment, incitement, and the promotion of violence or exclusion," he explained.
Context and Political Promises
The review fulfills a pre-election promise made by ACT Labor ahead of the 2024 territory election to examine the Discrimination Act and hate speech laws, with a particular focus on LGBTIQA+ protections. The December terror attack on a Jewish festival in Bondi further accelerated the government's resolve to ensure its laws are robust.
In his statement, the Chief Minister directly addressed the communities the laws seek to shield: "Jewish communities should not fear attacks or conspiracy-fuelled abuse. Muslim communities should not be treated as suspects or targets because of their faith. LGBTIQA+ people should not have to defend their right to exist without harassment or threats."
The government's review will now proceed, aiming to inform legislative changes that affirm Canberra's values of dignity, equality, and mutual respect.
