The ACT Labor Government has confirmed it will move to strengthen the Territory’s anti‑vilification laws, arguing that Canberra needs clearer, tougher tools to respond to rising hate speech and abuse.
The review will look at whether serious forms of hate speech should attract criminal penalties, not just civil complaints, while keeping protections for free expression in place.
What you’ll learn in this article:
- How ACT anti‑vilification laws currently work
- What the ACT Labor Government is proposing to change
- What this could mean for Canberra LGBTIQA+ people and other targeted communities
Right now, hate speech in the ACT mostly sits in the civil law space rather than the criminal courts. The Discrimination Act 1991 makes it unlawful to publicly incite hatred, revulsion, serious contempt or severe ridicule of a person or group on the basis of attributes such as disability, gender identity, HIV/AIDS status, race, religious conviction, sex characteristics and sexuality. Complaints usually go through the ACT Human Rights Commission, with remedies likeapologies, orders to stop the behaviour or compensation via the ACT Civil and Administrative Tribunal, rather than jail time or criminal convictions.
Chief Minister Andrew Barr has signalled that this framework may no longer be enough in the face of heightened antisemitism, Islamophobia and LGBTIQA+ directed abuse. He argues that unchecked hate damages safety, mental health and people’s ability to take part in public life, and that strong laws draw a necessary line against dehumanisation and intimidation in a diverse community. The government has an election commitment to “review and strengthen hate crime and vilification laws” and has now confirmed that work will be prioritised early this year.
As part of the review, Labor is considering options such as increasing civil penalties and, in the most extreme cases, introducing specific criminal offences for serious vilification. That could bring the ACT closer to states like Victoria and Queensland, where serious hate conduct can already lead to criminal charges in limited circumstances.
A discussion paper is expected to be sent to key stakeholders in February, with the review of the Territory’s anti‑vilification laws due to be finalised by spring. Those stakeholders are likely to include Jewish and Muslim organisations, LGBTIQA+ advocates, human rights bodies and legal groups.
At the same time, the ACT’s Human Rights Act protects freedom of expression, which can be limited only when necessary to safeguard the rights and reputations of others. Barr has stressed that any reforms “aren’t about silencing debate or legitimate criticism” but about stopping conduct that crosses into harassment, incitement or the promotion of violence and exclusion.
The government frames stronger laws as one tool among many to disrupt ideologically and religiously motivated extremism, which tends to grow when hate is allowed to spread unchecked.
For Canberra’s queer communities, the review be welcomed. The Discrimination Act already makes it unlawful to vilify someone because of their sexuality, gender identity or sex characteristics, and the Human Rights Commission provides guidance and examples of how that plays out in practice. Strengthening the law could make it easier to respond to online abuse, organised campaigns or repeated targeting of queer and trans people in public spaces, while still allowing robust debate on policy and social issues.
Federally, the Commonwealth is struggling to get consensus with its proposed new laws, the Combating Antisemitism, Hate and Extremism Bill, which would create a new racial vilification offence in the Criminal Code and update incitement provisions.
The ACT Government is taking clear steps to protect our community from vilification. As the review unfolds, the key test will be whether the final reforms can meaningfully tackle serious hate without chilling everyday discussion, protest and advocacy — including from the very communities the laws are designed to protect.
