From 29 April 2024, vilification protections under Queensland law became stronger. The changes mean that:
- Displaying certain hate symbols that cause a member of the public to feel menaced, harassed or offended is a crime.
- When crimes are motivated by hatred or serious contempt because of the victim’s race, religion, sexuality, sex characteristics or gender identity, the penalty imposed by the court may be tougher than usual.
When do the new laws apply?
The changes are not retrospective and only apply to things that happen on or after 29 April 2024.
What is vilification?
There are two types of vilification under Queensland law: unlawful vilification, and serious vilification.
Unlawful vilification is when someone publicly incites hatred, severe ridicule, or serious contempt of someone else because of their race, religion, gender identity, or sexuality. Unlawful vilification is a civil matter, not a criminal one. Complaints about unlawful vilification are handled by us at the Commission through our complaints process.
Serious vilification is where the vilification involves a threat of harm to someone or their property, or an incitement for others to do so. Serious vilification is a criminal matter and can be reported to police.
What is changing?
The new laws strengthen the protections for people who experience vilification.
From 29 April, sex characteristics is one of the attributes protected by vilification law, along with race, religion, sexuality, and gender identity.
The criminal offence of serious vilification has moved from the Anti-Discrimination Act to the Criminal Code, and will have a higher penalty.
When crimes like assault, going armed so as to cause fear, threatening violence, wilful damage, trespass and public nuisance are motivated by hatred or serious contempt because of the victim’s race, religion, sexuality, gender identity or sex characteristics, courts will be able to impose a tougher penalty including longer custodial sentences.
What hate symbols will be illegal?
Vilification law in Queensland already covers the public display of signs or symbols which may incite hatred, contempt or severe ridicule of a person based on their race, religion, sexuality, sex characteristics or gender identity.
From 29 April 2024, the display of the hate symbol commonly referred to as the Nazi Hakenkreuz (the ‘hooked cross’) was expressly made illegal. The Hakenkreuz is the most widely recognised sign of the Nazi Party and the atrocities it committed prior to and during World War 2.
Please note: While this symbol is sometimes referred to as a swastika, this terminology is incorrect. The swastika is an ancient symbol used by many religions, including Hinduism, Buddhism and Jainism, to denote peace and good fortune. The differences between the Hakenkreuz and the swastika are explained in this information from the Victorian Government (although it should be noted that the Nazi gesture referred to as being banned in Victoria, while potentially constituting vilification, is not explicitly listed as a banned hate symbol here in Queensland).
The Nazi Hakenkreuz hate symbol was made illegal under regulations issued by the Queensland Parliament.
A hate symbol can only be made illegal by regulation if the image represents the ideology of extreme prejudice against people based on their race, religion, sexuality, sex characteristics or gender identity.
The government must also consult with the Queensland Human Rights Commissioner before a hate symbol can be banned under the law.
What should I do if I’ve experienced vilification?
If you have been a victim of serious vilification or a hate crime, you should speak with the police. For LGBTQIA++ people you could choose to speak with a Queensland Police Service LGBTQIA++ liaison officer.
If you have experienced vilification, and are not sure if it’s something to make a complaint to us at the Queensland Human Rights Commission or the Queensland Police Service about, you can contact our enquiry line on 1300 130 670 for more information.