New hate speech laws have passed Victoria’s Parliament after Labor struck a last-minute deal with the Greens, while the opposition has warned the changes will have a “chilling effect on freedom of speech”. Source: Herald Sun.
Vilifying LGBTQIA+ people, women and people with disabilities based on their “protected attribute” – including posting offensive comments or photos online – will be punishable by up to five-years in jail as part of the controversial overhaul of Victoria’s anti vilification laws.
Premier Jacinta Allan choked back tears as the new laws received the final tick off from the Victorian Parliament’s lower house yesterday afternoon.
That came after a marathon sitting in the upper house on Tuesday night, with the bill passing that chamber at 4am with a series of Greens amendments.
Despite being considered one of the biggest roadblocks to existing laws, police will continue to be forced to seek approval from the Director of Public Prosecutions (DPP) to press charges against people who vilify marginalised Victorians after the Greens forced the Government’s hand.
Shadow Attorney-General Michael O’Brien blasted the Greens changes, noting that the DPP had a history of blocking charges that have been brought for criminal incitement and threats.
Mr O’Brien accused Labor of striking a “grubby deal” with the Greens and “writing identity politics into law”.
He said civil provisions would see activists “line up” to sue people they disagree with at VCAT and suggested the laws would have a “chilling effect on freedom of speech, belief and worship in Victoria”.
In a move that has been fiercely opposed by some Christian groups, the legal threshold to prove vilification will also be reduced to “likely” to incite contempt, revulsion or severe ridicule against a minority group.
Australian Christian Lobby Victorian director Jasmine Yuen said she feared the “subjective and undefined terminology” used in the bill could see Victorians hauled in front of the courts for expressing contentious views, such as stating that “trans women are not women”.
During a lengthy debate on Tuesday night, the leader of the Government in the upper house Jaclyn Symes, denied that they were “outlawing opinions”.
“They would have to be expressed in a way that incites hatred,” she said.
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Vilifying LGBTQIA+, women, people with disability to be punishable by jail in Victoria (By Carly Douglas, Herald Sun)
