“The Victorian government’s proposed laws will enshrine cancel culture in the law. At a time when social cohesion is disintegrating, the proposed anti-vilification bill hands a sword to activists to target those with whom they disagree,” said Margaret Chambers, Research Fellow at the Institute of Public Affairs.
The IPA has written to all Victorian members of parliament to share its research on the fatally flawed Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024. The research shows:
- The bill dramatically expands the scope of unlawful speech by outlawing speech considered ‘hateful’ – although this subjective term is not defined in the legislation.
- There is no way for a Victorian expressing a genuinely held political, religious, or personal belief to know what a potential complainant could consider to be ‘hateful’ towards them.
- The bill will make Victoria the censorship capital of Australia by empowering third-party groups across Australia to make complaints to the Victorian Equal Opportunity and Human Rights Commission on behalf of ‘unnamed’ persons.
“By dramatically expanding the standard of unlawful speech to anything a person deems ‘hateful’, this highly subjective standard exposes mainstream Victorians to litigation by activists should they express a genuinely held belief,” said Ms Chambers.
“The bill’s vague standards take a sledgehammer to the rule of law by leaving Victorians incapable of knowing what their legal obligations are. Laws that enshrine subjective standards will only create more division in the community.”
The proposed laws will have far reaching consequences, including empowering third-party activists to initiate lawfare through the Victorian Equal Opportunity and Human Rights Commission against any Australian they claim to have made ‘hateful’ statements.
“The Victorian government’s laws will mean that any Australian, no matter where they live, could potentially be hauled before the Victorian Equal Opportunity and Human Rights Commission if an activist does not like what they have expressed,” said Ms Chambers.
“It is no surprise the Victorian government has sought to delay the commencement of sections of the proposed law, which deal with the censoring of individuals, until well after the next state election.”
“This tactic alone confirms many fears in the community that the legislation will create an activists’ paradise, enabling them to target the mainstream Victorians they want silenced,” said Ms Chambers.
Victorians should be deeply concerned that the Victorian government is seeking to use recent, abhorrent acts of violent antisemitism as a smokescreen to push these laws.
“Victorians need to know the facts – these laws are in no way a response to the appalling antisemitism we have seen in Victoria. In fact, the Victorian government has been trying to pass similar laws since 2019,” said Ms Chambers.
“There has been an appalling lack of political leadership in trying to stem antisemitism in Victoria and across the nation. However, the Allan government’s proposed laws are nothing more than a result of a long-term political campaign and are a corrosive and pernicious assault on free speech,” said Ms Chambers.
To download the IPA’s research on the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Bill 2024 click here.
