The NSW Government has rejected a key recommendation of the Sackar Review to expand criminal hate speech laws beyond race.
The decision means the existing offence of inciting racial hatred will not be extended to cover additional protected attributes.
This is an important decision for freedom of speech and religious freedom in NSW.
Critically, the Government recognised the serious implications that expanding criminal speech laws could have for fundamental freedoms.
NSW Attorney-General Michael Daley said that expanding the offence raises ‘complex questions about freedom of expression, freedom of religion, and the consistent application of the criminal law across the community.’
We welcome this recognition.
There is a significant distinction between confronting genuine hatred, threats and intimidation and criminalising speech simply because it is offensive or unpopular.
Discrimination and vilification laws in NSW already go too far – expanding criminal offences on top of them would have made a bad situation worse. This decision resists a pathway towards further restrictions on freedom.
Freedom of speech and freedom of religion are essential protections for everyone in our community. They matter most when people are expressing sincerely held religious beliefs or engaging in difficult and contested public debates.
The Government has made clear that it remains opposed to hatred in all forms. We agree. But protecting people from genuine harm must be balanced with protecting the freedoms that allow Australians to speak, worship and participate in public debate.
We thank the NSW Government for resisting the expansion of these criminal offences and for recognising the importance of freedom of expression and freedom of religion.
