Opposition mounts over Allan’s new hate laws
He fears that if the defence becomes law, it may have the unintended consequence of emboldening the antisemitic hate speech Allan is vowing to stamp out.
“I don’t see how this legislation, as it is currently drafted, offers any protection against serious vilification. The ‘genuine political purpose’ defence is so broad it almost makes the proposed laws meaningless,” Southwick said.
Liberal frontbencher David Southwick fears the political defence could embolden hate speech.Credit: Arsineh Houspian
“If anything, passing this bill without amendments could make a bad situation worse and green-light some of the recent hate that we have seen against the Jewish community.”
The state government has said the defence is necessary to “protect political communication and allow everyone to engage in genuine and robust debate”.
It would be potentially available to anyone charged with inciting hatred or contempt of a Jewish person – or a gay, transgender or disabled person – but not charged with the more serious offence of threatening physical harm.
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Allan has repeatedly referenced the legislation when questioned about her government’s response to a surge in antisemitism following Hamas’ October 7, 2023, atrocities and Israel’s war in Gaza.
Speaking on Monday, she said the new anti-vilification framework would “strengthen police powers against hate”.
“This is a bill that is making hate a crime – addressing hate like the cancer of antisemitism that we are seeing spread throughout our communities,” she said.
Political leaders nationwide have been under growing pressure to act in response to the recent wave of antisemitic attacks and threats, but doing so is proving complicated.
The Albanese government’s proposed hate speech laws are expected to be debated this week, but there is a crossbench push led by independent MP Allegra Spender to toughen them by criminalising serious vilification. NSW is also seeking to urgently strengthen its hate speech laws, a move that has split religious organisations.
The aftermath of the Adass Israel synagogue fire in December.
The Victorian legislation, if passed, would expand the anti-vilification framework, which currently lists race and religion as protected attributes, to include disability, gender identity, sex, sex characteristics, sexual orientation and personal association. It would also make serious vilification – such as incitement of hatred or physical threats – a criminal offences punishable by up to five years’ jail.
Allan goaded the state opposition for failing to take a clear position on the legislation since its introduction to parliament in November.
Shadow cabinet met on Monday to consider the legislation and will brief the Liberal party room on Tuesday morning ahead of the first parliamentary sitting day of the year.
Shadow attorney-general Michael O’Brien confirmed the issue was discussed by shadow cabinet.
“All members will be given the opportunity to discuss and put their views,” he said. “We’ll have more to say after that.”
The state government’s decision to bring forward the legislation is likely to trigger a chaotic resumption of parliament, as community and interest groups race to influence MPs on a proposed law they did not expect to be debated for another two weeks.
The Islamic Council of Victoria, an organisation that has staunchly supported the pro-Palestinian protest movement, has also raised concerns about the breadth of the political-purpose defence.
President Adel Salman said in a submission to the government in October that he recognised the need to protect legitimate political expression.
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“‘Political purposes’ often involve public conduct,” he wrote. “Misuse of this defence has the potential to allow individuals openly preaching or inciting hate to evade responsibility by hiding behind a claimed political purpose.”
The Jewish Community Council of Victoria has previously warned that anti-Jewish hate speech is easily couched in political language.
“It is noticeable that local bigots will substitute the word ‘Zionist’ for the word ‘Jew’ to somehow make hate speech acceptable,” the council’s chief executive, Naomi Levine, said late last year.
