ACT considers new laws on hate crimes | Bega District News

begadistrictnews.com.au · Feb 26, 2026 · Collected from GDELT

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The ACT will examine whether it should introduce new criminal offences to protect against hate crimes and if more personal attributes should be protected in the law.Subscribe now for unlimited access. or signup to continue readingAll articles from our websiteThe digital version of Today's PaperAll other in your areaBut the review will also consider if the balance between protecting free speech and preventing vilification is right and whether a court needs to consider an offender's motivations during sentencing.Chief Minister Andrew Barr said Labor would seek parliamentary and community support for potential improvements to the territory's anti-vilification laws after its internal review.Chief Minister Andrew Barr. Picture by Keegan Carroll"We are seeing the real-world consequences of unchecked hate. Racism, anti-Semitism, Islamophobia, and LGBTIQA+ directed abuse are not abstract concepts. They affect people's safety, mental health, and ability to participate freely in public life," Mr Barr said."Strong, well-designed vilification and hate crime laws with broad coverage help draw a clear line: in a diverse, democratic society, there is no place for dehumanisation, intimidation, or incitement of harm against others because of who they are or what they believe."Stronger laws could include increased penalties and the inclusion of aggravated or additional offences to better capture criminal conduct motivated by hate, the government said.A 31-page discussion paper, released on Thursday, sets out the issues for the government's review of anti-vilification laws, which it promised in the lead up to the 2024 election.The paper asks whether the protected attributes in the Discrimination Act remain sufficient and if there are others that should be included.Stakeholders have been asked to comment on whether the current criteria for establishing unlawful vilification remain appropriate and whether exceptions strike the balance between protecting freedom of expression and preventing vilification.The government wants to know if there are barriers to making complaints to the Human Rights Commission or progressing complaints through the ACT Civil and Administrative Tribunal."In the ACT, vilification means conduct that incites hatred, revulsion, serious contempt, or serious ridicule of a person or group of people," the discussion paper said."Unlawful vilification is considered less serious than other types of hate speech and is currently dealt with by civil protections. In comparison, serious vilification and the public display of Nazi symbols are considered more serious types of conduct and are dealt with by way of criminal offences."The Discrimination Act already makes hate speech unlawful in the territory, but generally it does not carry criminal penalties.The act makes it illegal to discriminate in most cases on the basis of a person's political convictions, religious conviction and sexuality, among 24 protected attributes.The act also outlaws the incitement of "hatred toward, revulsion of, serious contempt for, or severe ridicule of a person or group of people" on the grounds of disability, gender identity, HIV/AIDS status, race, religious conviction, sex characteristics and sexuality.Attorney-General Tara Cheyne said the existing laws included longstanding criminal and civil protections and were compliant with human rights."We'll be taking a careful look at human rights impacts too. The review will ensure we protect freedom of expression and genuine public debate while also exploring where our laws could be strengthened to help prevent and respond to hate-based behaviour in our community," Ms Cheyne said.The discussion paper asks whether the offence prohibiting public display of Nazi symbols is still suitable and whether the exemptions worked.The paper notes other jurisdictions are considering banning certain phrases or slogans, including Queensland's potential ban on the phrases "globalise the intifada" and "from the river to the sea", which have been associated with pro-Palestine rallies in Australia."However, increasing the scope of prohibited symbols and gestures in the ACT will result in limitations to the right to freedom of speech and expression," the discussion paper said."Any limitations on free speech in the ACT must be justified and have a rational connection with the purpose of the limitation. A careful balance is necessary to avoid criminalising legitimate expression, opinion or protest."Submissions to the government's review close on March 28, 2026.DailyYour morning newsToday's top stories curated by our news team.