The Australian Capital Territory government has launched a review of its anti-vilification laws, considering whether to introduce new criminal offences for hate speech and expand protected attributes. The review will also examine the balance between free speech and preventing vilification, and whether courts should consider an offender's motivations during sentencing.
Chief Minister Andrew Barr said the review responds to real-world consequences of unchecked hate, including racism, anti-Semitism, Islamophobia, and LGBTIQA+ directed abuse. 'Strong, well-designed vilification and hate crime laws with broad coverage help draw a clear line: in a diverse, democratic society, there is no place for dehumanisation, intimidation, or incitement of harm against others because of who they are or what they believe,' he said.
A 31-page discussion paper released on Thursday outlines potential changes, including increased penalties and aggravated offences for hate-motivated crimes. It asks whether the current protected attributes in the Discrimination Act are sufficient and if others should be added. The paper also seeks feedback on barriers to making complaints to the Human Rights Commission or progressing them through the ACT Civil and Administrative Tribunal.
Currently, unlawful vilification is dealt with under civil protections, while serious vilification and public display of Nazi symbols are criminal offences. The review will consider whether the offence prohibiting Nazi symbols remains suitable and whether exemptions work. It also notes other jurisdictions, such as Queensland, are considering banning specific phrases like 'globalise the intifada' and 'from the river to the sea'. Attorney-General Tara Cheyne said the review will carefully consider human rights impacts, ensuring freedom of expression and genuine public debate are protected while strengthening laws against hate-based behaviour.
Submissions to the review close on March 28, 2026.
