A six-month review of recently passed hate speech laws has been commissioned by the NSW government, with a promise to consider protections for vulnerable communities.
The legislation, introduced in February following a string of antisemitic arson attacks and vandalism, makes it a crime to intentionally incite hatred against a person or group on the basis of race. However, it includes a contentious exemption for references to religious texts during teachings or discussions.
Critics say the laws fall short. The Human Rights Law Centre labelled the legislation a “knee-jerk” reaction, warning it fails to protect marginalised communities.
“These laws are a thinly veiled attempt to curtail our right to peaceful assembly under the misleading banner of addressing racism – while doing nothing to address the root causes of recent racist attacks,” said Human Rights Law Centre legal director Sarah Schwartz.
Equality Australia also raised concerns at the time of the bill’s passing, saying the exemption left LGBTQIA+ communities vulnerable to harm.
“Hatred of any kind, whether racially motivated or otherwise, should have no place in our society and it’s bitterly disappointing that LGBTIQ+ people have been cruelly overlooked in this bill,” said Equality Australia CEO Anna Brown.
“It’s no less disgraceful to yell vile abuse at a young trans person, to deface a Mardi Gras poster with homophobic slurs or to activate online campaigns of terror against rainbow families.”
As part of the legislation, the government committed to a six-month review, now set in motion with NSW Attorney-General Michael Daley on Thursday appointing former Supreme Court judge John Sackar to lead it.
“This review by Mr Sackar will consider hate speech protections for vulnerable communities,” Daley said.
“It will look at how they interact with existing rights and freedoms and whether there are avenues for improvement.”
Sackar previously led the Special Commission of Inquiry into LGBTIQ hate crimes, making his appointment significant for the community.
Sydney MP Alex Greenwich, who pushed for LGBTQIA+ protections to be considered in the review, welcomed the move.
“Sadly today, we are again seeing a rise in hate targeting the LGBTIQA+ community, especially the trans community, and it’s important our laws are strengthened to be fit for purpose and deliver protection and justice,” said Greenwich.
“The Attorney General has indicated the review could lead to further legislative reforms, and I will be advocating for that to include specific protections for LGBTIQA+ people from the incitement of hate.”
Equality Australia’s Brown echoed that sentiment, calling the review a chance to rectify the bill’s shortcomings.
“The same extremist groups targeting Jewish communities are also threatening trans people, rainbow families, migrants and other marginalised people,” she said.
“We welcome any process that could result in the law being expanded to cover every vulnerable minority.”
The review is due to be completed in November.
Gay Sydney News reporter