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Vilification

What is vilification according to the law in NSW?

What is Vilification in NSW?

In NSW the Anti-Discrimination Act 1977 says Vilification is:

  • a public act that could incite
    – hatred
    – serious contempt
    – severe ridicule
  • towards people because of their
    – race
    – sexual orientation
    – HIV/AIDS status
    – transgender status
    – religion

  • What does "public acts" include?

    • communications that can be seen or heard by the public (this includes speaking, print, radio, video or online)
    • anything that could be seen by the public such as actions or gestures and signs, flags or clothing
    • distributing and sharing information publicly.

Frequently asked questions

  1. Only public acts are covered – could someone who was not directly involved be capable of seeing, hearing or reading it?
  2. Was it serious enough to have incited hatred, serious contempt or severe ridicule? Would other people be affected by it?
  3. Was it legal because it was an acceptable type of free speech? Examples of acceptable free speech:
    – privileged statements made in parliament
    – a fair report of someone else’s public act of vilification
    – acts done reasonably and in good faith for academic, artistic or scientific research purposes or religious discussion or instruction purposes or for other purposes in the public interest, including discussion or debate about a matter or using examples of a matter.

  1. attempt to speak to the person or organisation causing the problem
  2. get support from a community organisation (see: Support services)
  3. get legal advice via the Legal Aid NSW website or by contacting Community Legal Centres NSW
  4. contact Anti-Discrimination NSW
    – by phone on (02) 9268 5544 or 1800 670 812 (free call)
    – by email at complaintsadb@justice.nsw.gov.au

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.

  1. a person who has the characteristic or is from the group you think has been vilified, or
  2. a representative community group making a complaint on behalf of an individual (note: the individual who experienced vilification must be named in the complaint and it must be clear they consent to the complaint being made in this way).

Anti-Discrimination NSW can only accept a complaint if the vilification occurred within 12 months before they receive the complaint.

Religious vilification happens when a person, by a public act, incites hatred towards, serious contempt for or severe ridicule of a person on the ground the person:

  • has, or does not have, a religious belief or affiliation, or
  • engages, or does not engage, in religious activity

Religious vilification can also happen against a group of people  on the same grounds.