NSW Higher Threshold for Offensive Language Offences

Summary Offences Amendment (Limitation on Offensive Language) Bill 2025

Private Member's Bill

6 Aug 2025: MPs in the first house are debating whether this bill is a good idea in principle.

Legislative Council

Legislative Assembly

Assent

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Topics

criminal offences freedom of speech offensive language public order

Introduced by: Jeremy Buckingham MLC (LCP)

Links to official parliament websites

Official page: progress through parliament

Official page: bill text and explanatory notes

Effects of this bill

If this bill passes, it means that:

A person is only committing an offence if they use offensive language in a hostile or threatening way.

News articles and press releases

Second Reading Speech, Summary Offences Amendment (Limitation on Offensive Language) Bill 2025

The Hon. JEREMY BUCKINGHAM — 2025-08-06

The Summary Offences Amendment (Limitation on Offensive Language) Bill 2025 amends section 4A of the Summary Offences Act 1988 to limit the scope of the offence of offensive language. Specifically, it narrows the offence to apply only where the offensive language is used in a hostile or threatening way. That is the key point: in a hostile or threatening way, in a significant way. This is a vital modernisation of the law and one that retains community protection while removing the risk of arbitrary, racist or discriminatory enforcement. The offence of offensive language, as currently drafted, is overly broad. It captures everyday expressions used by Australians in frustration, grief, protest and, sometimes, humour. But this law has never been about decency; it has been about discretion. Too often that discretion has been exercised at the expense of marginalised communities.