Jewish groups urge Opposition to back hate speech laws

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The second government amendment, drafted in response to the Catholic Archdiocese of Melbourne and other religious groups, expands a proposed religious-purpose exemption to include proselytising and preaching.

The reworked provision will give church groups greater comfort that their members will be protected at both the pulpit and, more broadly, in the community when talking about matters to do with sex, gender and gender identity.

Kilkenny said the government always intended that proselytising would be covered by the religious-purpose exemption.

The amendments address the main concerns of Jewish and Islamic groups. The amendments will also ease fears among the Catholic Church, made clear by Archbishop of Melbourne Peter Comensoli in previous comments to The Age, that the original legislation would erode freedom of religious expression.

Civil libertarians are less convinced. Prominent human rights barrister Greg Barns said stripping the political defence would leave the legislation vulnerable to High Court challenge.

Shadow attorney-general Michael O’Brien said that despite the amendments, the Coalition remained opposed to the legislation because of a subjective legal test it would use to determine whether hate speech constituted a civil offence.

Although this argument is based on a technical aspect of the bill, O’Brien said it was a “major flaw” within the legislation. The opposition is urging the government to split the bill into two parts.

He said parliament should support the establishment of criminal offences for serious vilification and defer debate on the new civil provisions, which are not intended to come into force until 2027. “We can’t back what is going to be bad law,” he said.

Premier Jacinta Allan accused the Liberal Party of “discovering a new reason to oppose this bill.”

“I fear that we could amend this bill 1000 ways, and they will oppose it 1000 times,” she said. “It is now clear to me they don’t oppose this bill because of the political defence, they don’t oppose it because of the subjective test – they oppose it because it offers equal protection to LBTIQA+ Victorians.”

If passed, the legislation will extend the state’s existing anti-vilification framework, which currently lists race and religion as protected attributes, to cover disability, gender identity, sex, sex characteristics, sexual orientation and personal association.

It would make serious vilification – such as incitement of hatred or physical threats – offences punishable by up to five years’ jail.

The legislation has its origins in a private members bill introduced five years ago by then-independent MP Fiona Patten. It has recently taken on additional significance as the government’s legislative response to a rise in antisemitism, which culminated in last year’s firebombing of the Adass Israel synagogue in Ripponlea.

Premier Allan has repeatedly said that the legislation would outlaw hate and that the opposition is pandering to extreme views within its own ranks by refusing to support the reform.

Kilkenny, in an impassioned speech to parliament when the bill was first debated earlier this month, implored the opposition to support the legislation.

“Those opposite need to rise up above whatever infighting is happening within their party,” she said.

“Do not pass up this opportunity to put in place laws to deliver a framework for the benefit of all Victorians.”