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Public threats of or incitement to violence

What the law in NSW says about publicly threatening or inciting violence.

Publicly Threatening or Inciting Violence

Section 93Z Crimes Act 1900 (NSW)

In NSW if someone intentionally or recklessly by a public act, threatens or incites violence against another person or a group of persons because of their:

  • race
  • religious belief or affiliation*
  • sexual orientation
  • gender identity
  • intersex status
  • HIV/AIDS status

they are guilty of an offence under the criminal law.

*Note: "religious belief or affiliation" means holding or not holding a religious belief or view.

  • Did you know?

    In NSW, it is a criminal offence to knowingly display Nazi flags or memorabilia that bears swastikas without a reasonable excuse. Someone found guilty of this offence may be sentenced to a maximum penalty of 12 months imprisonment and/or up to a $11,000 fine. There are exceptions for academic, historical or educational purposes.

Example videos

Video #1 – Omar's story

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  • What is "inciting violence"?

    "Inciting violence" means saying or doing things that urge other people to do acts of violence.

  • What is a "public act"?

    A "public act" includes any way of communicating to the public. It includes:

    • speaking, writing, displaying notices, playing recorded material, broadcasting;
    • social media and other electronic methods of communication;
    • any other acts the public can see. For example, actions, gestures, wearing or displaying clothing, signs, flags, emblems and insignia;
    • spreading or sending anything to the public.
    • a 'public act' can happen on private land.

Frequently asked questions

In Australia free speech is the right to hold opinions without interference and the right to freedom of expression in any medium.

In NSW there are laws that limit free speech to protect 'public order' and to ensure the peaceful and effective functioning of society.

These laws make it unlawful to:

  • intentionally or recklessly threaten violence or incite violence against another
  • vilify someone (see: Vilification)
  • discriminate against another person (see: Discrimination)

Anyone can make a report to the NSW Police. You do not have to be a victim to report.

To make a report:

No. There is no time limit.

Report an incident to the police

If you report an incident to NSW Police, they will ask who was responsible for it.

A person will only be charged under section 93Z if there is enough evidence to prove the offence beyond reasonable doubt.

If you tell the police who was responsible, it will help their investigation.

The police will investigate. They will:

  1. decide whether to charge the offender with a substantive offence, for example, assault. The police will prosecute the offender for assault. If this happens, the incitement to violence or threat of violence will be considered during sentencing of the offender as an aggravating circumstance of the offence, or
  2. send a brief of evidence to the Office of the Director of Public Prosecutions (ODPP) for them to approve the person being charged. The ODPP must approve a prosecution of offences under section 93Z.

Sometimes what happened will not be “publicly threatening or inciting violence” under section 93Z of the Crimes Act1900 (NSW). It might be vilification or discrimination under the Anti-discrimination Act 1977 (NSW).

If it is vilification or discrimination, contact Anti-Discrimination NSW. You can make an enquiry in different ways:

Complaints must be made in writing. Visit the Anti-Discrimination NSW website's How to make a complaint page for the various ways you can lodge your complaint.

The Anti-Discrimination NSW website also offers tips for writing a complaint.

    Visit our Support services page for more information.

    Working out which law(s) apply can be hard.

    For legal help visit the Legal Aid NSW website or call 1300 888 529.

    You can also contact Community Legal Centres NSW.