NSW Fines or Jail for Public Acts That Incite Religious Hatred

Anti-Discrimination Amendment (Religious Vilification) Bill 2023

Legislative Assembly

Legislative Council

Assent

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Introduced by: Michael Daley MP (ALP); The Hon Daniel Mookhey MLC (ALP)

Effects of this bill

If this bill passes, it means that:

People are banned from performing public acts that incite hatred, serious contempt, or severe ridicule toward a person or group based on their religious beliefs, affiliations, or activities.
A public act includes speaking, writing, broadcasting, or displaying signs and clothing. It also includes gestures or distributing materials that promote hatred based on religion.
The law does not apply to fair reports of these public acts.
The law does not apply to communications that have absolute privilege in defamation cases.
People are exempt if they act reasonably and in good faith for academic, artistic, scientific, research, or religious discussion, or other purposes in the public interest.

The Debate

What different members said when this bill was debated:

Damien Tudehope LIB

“The Opposition supports the Anti-Discrimination Amendment (Religious Vilification) Bill 2023. Like all the legislation so far brought forward by this Government, it is legislation-lite.”

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Tania Mihailuk IND

“The Anti-Discrimination Amendment (Religious Vilification) Bill 2023 seeks to amend the Anti-Discrimination Act 1977 to outlaw vilification on the grounds of religious belief or activity, or lack thereof. I state at the outset that One Nation will not oppose the bill. It comes at a time when there is a clear and persistent agenda that is increasingly hostile to religious belief.”

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Robert Borsak SFFP

“On behalf of the Shooters, Fishers and Farmers Party I support the Anti-Discrimination Amendment (Religious Vilification) Bill 2023. The bill is a constructive step towards safeguarding the wellbeing of all members of society in New South Wales.”

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Amanda Cohn GRN

“I contribute to debate on the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023. The Greens support comprehensive and holistic reform of the Anti‑Discrimination Act 1977.”

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Anthony D'Adam ALP

“I welcome the opportunity to contribute to this debate and support the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023. The proposed amendment would make it unlawful to vilify a person, or group of persons, on the grounds of religious belief, affiliation or activity.”

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Susan Carter LIB

“I support the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023, albeit somewhat reluctantly. I am reluctant because I believe in freedom of thought, of speech and of belief, and I believe that those freedoms should only be curtailed carefully. But, as Eleanor Roosevelt has reminded us:”

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Jeremy Buckingham LCP

“On behalf of the Legalise Cannabis Party of New South Wales, I contribute to debate on the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023. After discussions with the Attorney General, we welcome the fact that the New South Wales Government is referring the Act, which certainly needs updating and reform, to the Law Reform Commission under the Law Reform Commission Act 1967.”

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John Ruddick LIBT

“I oppose the Anti-Discrimination Amendment (Religious Vilification) Bill 2023, along with my colleague the Hon. Jeremy Buckingham from the Legalise Cannabis Party. When most people see a social problem, they ask, "What can the Government do to end this social problem? How can the Government threaten violence to end this social problem?”

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Stephen Lawrence ALP

“I speak in support of the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023. I have been interested to hear the various contributions about the tension between religious vilification laws and free speech. That is obviously a real issue, but the ultimate issue is where to draw the line.”

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Cate Faehrmann GRN

“I join my Greens colleagues in opposing the Anti-Discrimination Amendment (Religious Vilification) Bill 2023. Under the bill, it will become unlawful to publicly incite hatred towards, serious contempt for, or severe ridicule of a person or group because of their religious belief, affiliation or activity.”

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Abigail Boyd GRN

“I join with my Greens colleagues in opposition to the Anti‑Discrimination Amendment (Religious Vilification) Bill 2023. I make some comments about how we got here. As has been stated, we know that the Anti-Discrimination Act is—I will put it politely—a piece of poop and is in huge and urgent need of a complete overhaul.”

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Sue Higginson GRN

“I contribute to debate on the Anti-Discrimination Amendment (Religious Vilification) Bill 2023. I support the contributions made by all my colleagues, including the member for Newtown and Dr Amanda Cohn.”

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Mark Buttigieg ALP

“I thank members for their contributions to debate on the Anti-Discrimination Amendment (Religious Vilification) Bill 2023: the Hon. Damien Tudehope, the Hon. Tania Mihailuk, the Hon. Robert Borsak, Dr Amanda Cohn, the Hon. Anthony D’Adam, the Hon. Susan Carter, the Hon. Jeremy Buckingham, the Hon. John Ruddick, the Hon. Stephen Lawrence, Ms Cate Faehrmann, Ms Abigail Boyd and Ms Sue Higginson.”

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News articles and press releases

Anti-Discrimination Amendment (Religious Vilification) Bill 2023

Mr MICHAEL DALEY, Attorney General — 2023-06-28

Under the Act, it is currently unlawful to, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on four grounds or attributes. Those grounds are race, homosexuality, transgender status and HIV status. The bill will extend the same form of protection from vilification that already exists in the Act in respect of those grounds to vilification on the basis of religion.