Labor’s green light to incitement the wrong step for Victoria
The Liberals and Nationals will oppose the Allan Labor Government’s poorly drafted anti-vilification laws because they give a green light to incitement and hate.
Labor’s creation of a ‘genuine political purpose’ defence to the criminal charge of incitement has been opposed by many diverse groups, including the Jewish Community Council of Victoria and the Islamic Council of Victoria.
Shadow Attorney General Michael O’Brien said, “The Allan Labor Government has ridden roughshod over the Legal and Social Affairs Committee and pushed ahead with legislation that will reduce social cohesion.”
At a time where religious groups in Victoria and across Australia have been targeted by extreme speech, symbols, violence and terrorism, the Allan Labor Government should not be providing loopholes for behaviour that is not accepted by the community.
“By excusing conduct that is hateful, seriously contemptuous and reviling, Labor’s ‘political purpose’ defence provides a legal protection that allows extreme hate speech to exist, but to grow.” Mr O’Brien said.
“The Liberals and Nationals are supportive of the expansion of the grounds of protected attributes. However, the overall effect of Labor’s laws will be to harm social cohesion in this state.”
The Allan Labor Government’s civil law changes also have major flaws. The introduction of a subjective element to vilification laws means courts must assess the perspective of the person with the attribute, instead of perspective of a reasonable person.
Concerningly, the courts will also need to assess how sensitive groups and sub-groups are in order to assess whether particular conduct is illegal.
“Victorians should be treated equally under the rule of law, but the Allan Labor Government’s changes tip the balance in favour of perpetrators while putting community cohesion at risk.” Mr O’Brien said.
“Promoting ‘lawfare’ and encouraging activists to sue other Victorians is not the best way to build social cohesion in this state. Labor’s deferral of these changes until after the next election suggests the Labor Government also knows this.”
The existing laws in Victoria can and should have been better utilised to protect vulnerable communities from hate and division. The Allan Labor Government’s legislation will only make a bad situation worse.
The Liberals and Nationals will not support laws which not only protect hateful speech but encourage more of it.