The Australian Christian Lobby (ACL) has condemned new hate speech laws passed by the Victorian parliament this week.
Upper House MPs voted 22-to-17 to approve the Anti-Vilification and Social Cohesion Bill.
The ACL accused the Labor government of supporting the Greens’ radical amendments to advance an anti-Christian agenda that persecutes believers and restricts their expression of faith.
Victorian director Jasmine Yuen said the laws are a “betrayal of Christian and Jewish communities.”
She said they proved Labor cannot be trusted on religious freedom.
WHAT’S IN THE LEGISLATION
The legislation creates two new criminal offences for serious vilification: inciting hatred against a person or group based on protected attributes, and threatening physical harm or property damage based on protected attributes.
These offences will carry penalties of up to five years imprisonment.
Protected attributes Include disability, gender identity, sex, sex characteristics, sexual orientation, and personal association with a person who has a protected attribute.
Under the contentious changes, police must continue to seek authorisation from the Director of Public Prosecutions (DPP) before pressing charges.
That’s despite criticism that the rule was one of the biggest roadblocks to existing laws being used.
JEWISH REACTION TO THE NEW LAWS
The laws are supposed to enforce tougher action on anti-Semitism, but Jewish community advocate Menachem Vorchheimer said the government’s removal of the Victoria Police’s authority to prosecute “will render them useless.”
Australian Jewish Association CEO Robert Gregory noted: “Existing laws have not been applied against anti-Semitism and there is no reason to believe that these laws will be.”
He said many members are concerned over the Labor government doing a deal with the Greens to pass the laws, explaining the Greens are “extremely antagonistic toward the Jewish community”
“We have little trust in the Victorian Government which continues to provide funding for organisations like the Islamic Council of Victoria.”
President of the Jewish Community Council of Victoria Philip Zajac was more upbeat:
“The passage of these new laws hopefully signals a new era in Victoria where those who are undermining our social cohesion face consequences for their destructive actions,” he said.
BIGGEST CONCERNS OF CHRISTIANS
One of the most concerning aspects of the legislation for Christians is that decision makers, including the police and the courts, must also take into account the “social, cultural and historical circumstances” surrounding conduct that is alleged to constitute unlawful vilification.
Shadow Attorney General Michael Mr O’Brien asserted that forcing the DPP to consider the historical context behind why someone might vilify another person was “nonsense”, and that civil provisions would see activists “line up” to sue people they disagree with.
“These laws will encourage different groups of Victorians to sue each other rather than show understanding and tolerance towards each other,” he said.
In a move that was fiercely opposed by Christian groups, the legal threshold to prove vilification will also be reduced to “likely” to incite contempt, revulsion or severe ridicule against a minority group.
Jasmine Yuen said: “The ACL firmly believes that this bill is clearly about expanding the influence of the LGBTQ+ ideological agenda, rather than combating anti-Semitism.”
CHRISTIANS FEAR RESTRICTIONS ON EXPRESSING THEIR FAITH
“Free expression of the Christian faith will be even more severely restricted under these amendments.”
“The interpretation and application of Scriptures will be confined to what is written on official documents.”
“Christians live out their faith in a holistic way and can’t be confined by written doctrines nor set religious practices, nor legislated by the government.”
“Victorian faith communities were led to believe that the Allan government would act in genuine good faith when committing to protect religious freedom and end anti-Semitism.”
“We now see the government’s true colours and hypocrisy,” Ms Yuen observed.
Criminal provisions will come into law by September, while civil elements of the bill, including dispute resolution at the Victorian Civil and Administrative Tribunal (VCAT) will be rolled out next year.
The civil pathway will give people alternative options to address vilification, including an apology, compensation or removing harmful material.
