NSW needs a law against hate speech

paul lynch







The NSW Labor Opposition introduced legislation on June 2, 2016 to stop hate speech in NSW.

Currently, NSW lacks a law which would effectively prohibit someone from advocating violence against people on the basis of their race, gender or sexual orientation.

There has never been, for example, a prosecution under the Anti-Discrimination Act for racial vilification.

Shadow Attorney General  Paul  Lynch  introduced a Private Member’s Bill, with widespread agreement that anti-vilification laws in this state are broken.

He says, “Most people in NSW would be shocked to know there isn’t a law in this state effectively prohibiting someone from advocating violence against people on the basis of their race, gender or sexual orientation.”

“In the absence of any real Government activity, I have introduced a Bill to reform this law. The Government won’t act so the Opposition has to.

“I propose to make the law more effective.”

In 2013 the Government received a Parliamentary Committee Report with unanimous recommendations to improve the Act.

Mr  Lynch’s Private Member’s Bill proposes:

  • To implement unanimous recommendation of a Parliamentary Committee;
  • To allow hate speech to be investigated by police;
  • To extend period in which prosecutions can be laid (to 12 months);
  • To remove the need for Attorney General’s consent (to remove politicisation);
  • To clarify the offence covers quasi-public places;
  • To make recklessness a basis for prosecution;
  • To include ”˜imputed race’ as a basis for prosecution;
  • To move the offence of hate speech into the Crimes Act; and

·                  To lower the bar for prosecution if the offence occurs when a person promotes (rather than incites) hatred towards a person on racial, transgender, homosexual or HIV/AIDS grounds

Short URL: https://indiandownunder.com.au/?p=6933

Posted by on Jun 3 2016. Filed under Community. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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