Key Points
- NSW has introduced the Anti-Discrimination Amendment (Religious Vilification) Bill 2023 in the state parliament
- The current law prohibits vilification and discrimination based on sex, race, transgender, and HIV/AIDS status
- Some sections and rights groups have criticised the Bill in its current form
Hindu, Sikh, and Muslim communities have welcomed the New South Wales government's decision to introduce a law prohibiting religious vilification.
The proposed Anti-Discrimination Amendment (Religious Vilification) Bill 2023 makes it illegal for anyone to incite hatred, severe contempt, or severe ridicule of a person or a group of people based on their religious belief, affiliation, and activity through a public act.
The public act includes both verbal and non-verbal communication.
Under the NSW Anti-Discrimination Act 1977, it is unlawful to vilify individuals based on race, sexuality, transgender status, and HIV/AIDS status.
Raviinderjit Singh, former chairman of the Australian Sikh Association, said Labor had promised to introduce the religious vilification Bill within the first 100 days of being elected to power.
"This Bill was long overdue," Mr Singh told SBS.
"There have been many incidents against turban-wearing Sikhs, Muslim women with hijabs, and Hindu women sporting a bindi (a small coloured mark/dot between the eyebrows) on religious grounds.
"We hope this Bill will reduce harassment and public vilification incidents," Mr Singh added.
Surinder Jain, the national vice president of the Hindu Council of Australia, said they fully support the Bill as it makes vilification of their religious activities a punishable offence.
"We engage more in religious activities compared to other faiths, and it involves a significant public display. We wear religious signs and symbols on our bodies at home and outside, and our festivals hold a lot of significance to us," Mr Jain stated.
NSW Minister for Multiculturalism Steve Kamper said members of the Jewish, Muslim, Hindu, and Sikh faiths had raised concerns about the growing levels of intolerance towards members of their communities.
“This much-needed legislation will provide our faith communities with similar protections provided to members of diverse and multicultural communities,” Mr Kamper said following the introduction of the Bill late last month.
Sharara Attai, executive director of Islamophobia Register Australia, said reports of Islamophobia in Australia are on the rise, and protection from religious vilification is much needed.
"We think this Bill could help in reducing instances of religious vilification – and beyond that, it sends a strong message that religious vilification is unacceptable and will not be tolerated," Ms Attai said.
"The Muslim community is particularly vulnerable because such a large number of its adherents are visibly Muslim. Many Muslim women wear the hijab, and unfortunately, Islamophobia disproportionately affects women," she added.
However, the Bill has come under criticism from some sections in society.
The Public Interest Advocacy Centre warned that the scope of the changes is "broader" than in most other Australian jurisdictions, including Victoria and Queensland.
"We are concerned that these amendments seek to cover all religious belief, affiliation, and activity, but none of these terms are defined," it said in a media release.
"These laws will limit freedom of speech, so they need to be carefully drafted," it added.
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