Aboriginal and Torres Strait Islander Social Justice Commissioner and Kaanju and Birri/Widi woman Katie Kiss has welcomed NSW’s new racial hatred laws, describing them as a vital step toward justice for First Nations people and an important milestone in protecting vulnerable communities.
It is now illegal in New South Wales to intentionally incite hatred against someone because of their race, including colour, nationality, ethnicity, descent, or ethno-religious background.
"These laws send a clear message: racial hatred has no place in our community," the commissioner told NITV.
Ms Kiss says the new racial hatred laws mark an important milestone in protecting vulnerable communities and promoting justice for First Nations people.
"For First Nations people, who have long faced racism and discrimination, these reforms are a significant step toward justice," she said.
"Providing legal avenues to address racial hatred recognises their rights and dignity, and reinforces that our legal system must protect those most vulnerable from harm."
The new law aims to protect communities from the harms of racial hatred while preserving freedom of speech on religion, politics, and public issues.
Under the law, it is a crime if someone publicly says or does something intended to encourage others to hate a person or group based on race - and if a reasonable person would feel threatened, intimidated, or unsafe as a result.
Who is affected and what counts as a crime
To be charged, three conditions must be met:
- The act occurs in public – this includes speeches, social media posts, graffiti, or rallies
- Intentional incitement of hate – the person must aim to stir up hatred based on race
- Reasonable fear caused – the action must make a reasonable person targeted by the act, or a member of that group, fear harassment, intimidation, or violence
Even if someone’s race is misidentified, charges can still apply, as intention and impact are central.
Penalties
Individuals can face up to two years in prison and/or an $11,000 fine, while corporations can be fined up to $55,000.
Review of hate speech laws
The NSW Government has launched an independent review to assess whether current laws adequately protect people from hate speech, particularly vulnerable groups. The review is expected to report by 5 November 2025.
This law marks a significant step in addressing racism in NSW, balancing the protection of communities with the preservation of free speech and religious practice.
