The government is drafting anti-hate speech laws. Here are 4 things they should include
In May, the federal government confirmed it’s working on new laws to prohibit hate speech, sometimes called vilification, based on sex, gender, sexuality, race or religion.
- In May, the federal government confirmed it’s working on new laws to prohibit hate speech, sometimes called vilification, based on sex, gender, sexuality, race or religion.
- Many people agree freedom of speech has its limits and the law has some role to play in prohibiting harmful speech.
1. Protection for specific attributes
- Research by the eSafety Commissioner has found hate speech based on these characteristics is growing, particularly online.
- Gendered hate speech, like this example, is used to harass women and silence their voices in public spaces.
- This is why new laws need to prohibit hate speech against many different attributes and not just focus on one community.
2. Protection for multiple risk factors
- It argues people who have multiple attributes often experience discrimination and violence more often and more severely.
- The eSafety Commissioner has found LGBTIQ+ or First Nations people experienced online hate speech at double the national average.
- This is why the law needs to prohibit hate speech that occurs because of “one or more” protected attributes.
3. Criminal and civil penalties
- The federal government’s announcement indicates new laws prohibiting hate speech will include criminal – not civil – penalties.
- New criminal laws will send a strong message to the community that hate speech is unacceptable.
- To make sure hate speech laws are effective, civil penalties are also needed.