People With Disability Australia is ‘disappointed’ with Victoria’s proposed hate speech penalties

Key points:

• Expected changes to hate speech laws in Victoria could better protect people with disability and mean that offenders could receive more severe penalties
• Four rounds of community consultations contributed to these proposed changes, as Victorians were asked to provide feedback on anti-vilification laws
• People With Disability Australia, a national disability advocacy organisation, released a recent statement about the possible impacts of the law changes on Victorians with disability

Proposed changes to Victorian hate speech laws could soon better protect people with disability. 

Twice as many people with disability in Australia felt unsatisfied with their safety, compared to people without disability as per recent data from the Australian Institute of Health and Welfare. 

Current laws in Victoria do not currently protect people with disability from hate speech, an act also known as ‘vilification.’ However, changes to Victorian hate speech laws, which presently only protect people based on race and religion under the Racial and Religious Tolerance Act 2001, could see improved protection for people with disability

Examples of hate speech include threats, making gestures, shouting insults and making comments online about a person in a negative way because of their disability. 

People who are targeted through hate speech or other forms of vilification may experience ‘mental or emotional stress, relationship problems or reputational damage.’

The proposed changes could see offenders of gross misconduct, i.e. hate speech, receive harsher penalties such as increased imprisonment or fines.

Although the penalties of vilification acts can vary, the maximum penalties in current Victorian legislation are prison sentences of up to six months and/or fines of up to $11,538.60 dollars according to Engage Victoria.

In other parts of Australia, a person who is found guilty of vilification could face up to five years in prison. 

States and territories such as the Australian Capital Territory and Tasmania have made it illegal to ‘incite hatred toward, revulsion of, serious contempt for, or severe ridicule’ of people with disability.

Victorian Attorney-General Jaclyn Symes told the ABC why it’s important for anti-vilification laws to include people with disability in Victoria.

“[These changes are] squarely about protecting vulnerable people from hate speech,” she said.

“This is not about the ability for [sic] people who disagree to be able to go to court. This is about protecting vulnerable people who, at the moment, are often scared to exist in Victoria.”

Almost one in five people in Victoria live with disability as per information on the Victorian Government website.

People With Disability Australia recently released a statement on the Federal Government Criminal Code Amendment Bill 2024, which targets hate crimes.

Although People With Disability Australia ‘welcomes’ the expected changes to hate speech laws affecting people with disability, it is ‘disappointed that the bill only criminalises threatening violence and does not criminalise serious instances of vilification, as was originally promised.’

The fourth round of consultations on the proposed changes to Victoria’s anti-vilification laws opened on September 20, 2024, and closed on October 11, 2024. The consideration of the feedback and the outcome announcement is expected in late 2024. 

Community members were invited to provide their feedback on the proposed anti-vilification reforms including:

• who should be protected by the updated hate speech laws;
• if related criminal offences should be more severe; and
• which of the proposed changes would have the greatest impact on Victorians.

Forms and submission information were provided in multiple languages including Arabic, Hindi, Vietnamese, Turkish and traditional Chinese.

The proposed anti-vilification reform in Victoria is also expected to protect people who experience hate speech based on gender identity, sex or sexual orientation.

If you have experienced hate speech and don’t know what to do, help is available. Call BeyondBlue on 1300 22 4636 or visit the Beyond Blue website to speak to a counsellor 24/7.

As hate speech is not yet covered under Victorian law, few options for reporting hate speech exist. 

However, if you have been a victim of abuse and you live with disability, you can contact the National Disability Abuse and Neglect Hotline on 1800 880 052 or email [email protected]. 

If you are in immediate danger or have experienced a hate crime, call the police on 000.

What are your thoughts on the new hate speech protections for people with disability?

Let the team at Talking Disability know on social media. 

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