The ACT Government is ready to move ahead with its election commitment to review and strengthen Canberra’s hate crime and vilification laws (pictured: Chief Minister Andrew Barr). Photo: UC Media.
The ACT Chief Minister has hinted it may criminalise forms of hate speech as part of a promise to review and strengthen the Territory’s hate crime and vilification laws.
ACT Labor made an election commitment to re-examine its anti-vilification laws, outside of what is happening at a Federal level in the wake of the Bondi terror attack.
Chief Minister Andrew Barr said Australia was seeing the real-world consequences of “unchecked hate”.
“Anti-vilification laws matter because words and actions don’t exist in a vacuum. When hatred is normalised, it entrenches harm,” he said.
“Antisemitism, Islamophobia, and LGBTIQA+ directed abuse are not abstract concepts – they affect people’s safety, mental health, and ability to participate freely in public life.”
The ACT has legislation specifically addressing hate speech under the Discrimination Act 1991, which makes it unlawful to incite hatred, revulsion, serious contempt for, or severe ridicule of, a person or group based on a range of protected attributes.
These protected attributes include disability, gender identity, HIV/AIDS status, race, religious conviction, sex characteristics and sexuality.
Breaches of the Act are primarily addressed through civil remedies – such as conciliation or the ACT Civil and Administrative Tribunal – not the criminal justice system.
Mr Barr said this meant the law made public acts of vilification unlawful, but they generally don’t carry criminal penalties.
“Strengthened laws against hate speech could include increased civil penalties, and in extreme cases, criminal penalties,” he said.
There’s also the Human Rights Act 2004, which says everyone has the right to hold opinions without interference and the right to freedom of expression.
But these rights can be subject to reasonable limits, meaning that while the concept of expression is broad, the way people exercise the freedom of expression can be limited.
Mr Barr said laws should make it clear that disagreement must never dissolve into dehumanisation, and belief must not become a weapon against others.
“Jewish communities should not fear attacks or conspiracy-fuelled abuse. Muslim communities should not be treated as suspects or targets because of their faith,” he said.
“LGBTIQA+ people should not have to defend their right to exist [against] harassment or threats. Protecting one group does not diminish another; it strengthens the safety of all.
“A society that stands firmly against vilification is a society that chooses safety over fear, facts over hatred, and unity over extremism. Standing against vilification is standing up for a fair, cohesive society.”
The ACT Government is moving ahead with its election promise to review its hate crime and vilification laws.
A Discussion Paper is scheduled for release in February to targeted stakeholders, and the review of the Territory’s anti-vilification laws is expected to be finalised by spring.
Mr Barr said the laws weren’t about silencing debate or “legitimate criticism” but stopping conduct that crosses into harassment, incitement or that promotes exclusion or violence.
“Strong, well-designed anti-vilification laws with broad coverage help draw a clear line: in a diverse, democratic society, there is no place for dehumanisation, intimidation, or incitement against others because of who they are or what they believe,” he said.
“They help counter the spread of ideologically and religiously motivated extremism, which thrives on division, misinformation and the erosion of empathy. Extremism grows when hate is allowed to fester unchecked — and strong laws are one tool to disrupt that cycle.
“We want to strengthen laws to affirm Canberra’s shared values: dignity, equality, freedom of belief and mutual respect.”
