Vilification

What is vilification?

Vilification happens when a person does a public act that incites hatred, serious contempt, or severe ridicule of a person or group because of their:

race
religion
sexuality
sex characteristics
gender identity

Incite means to urge on or promote. It is not necessary to show that anyone was actually incited.

When and where is vilification unlawful?

Vilification is unlawful everywhere, as long as it is a public act.

A public act includes any form of communication to the public, including speaking, writing, printing, displaying, either online, in person or in the media.

It also includes any conduct the public is able to observe including actions, gestures and clothing.

When may vilification be lawful?

The following is not unlawful vilification:

a public act done reasonably and in good faith for public interest purposes (e.g., for academic, artistic, scientific, or research purposes)
- Example: A candidate in a federal election distributed a pamphlet that incited contempt for Muslims, but did so in good faith to obtain the vote of electors.
  The tribunal said that ‘the public has an interest in knowing the opinions of candidates, even when those opinions are unreasonable, unsupported, one-sided or even plainly wrong’.
a fair report of a public act of vilification
- Example: a factual newspaper report about an act of vilification which included a photograph or direct quote of the vilification may not be considered vilification itself.
where a defence of absolute privilege would be available in proceedings for defamation
- Example: statements made in a court or tribunal hearing or in parliament.

Examples of vilification

Vilification can appear in many forms. For example:

Racial vilification

A person on a radio show tells another caller of a particular race to ‘go back to where she came from’ and encourages other listeners to ‘give her as much trouble as you like’.

Religious vilification

The outside wall of a building is painted with the words ‘no Muslims’.

Sexuality vilification

Residents used a homosexual slur to their neighbours in front of their landlord and where other neighbours could hear; and when a tradesperson went to the neighbour's place the other residents said ‘Make sure xxx pay you. xxx are notorious for not paying.’

Gender identity vilification

When a debt collector went to the home of a transgender person in a unit block and the person refused to answer the door, the debt collector yelled out ‘xxx freak in there. Keep the kids away from the freak in that unit.’

More examples can be found on our vilification case studies page.

Serious vilification

Serious vilification is when someone does a public act that incites hatred, serious contempt, or severe ridicule of a person or group because of their race, religion, gender identity, sexuality, or sex characteristics, and which:

involves threats of physical harm to the person or group, or their property, or
incites others to threaten physical harm to the person or group, or their property.

Serious vilification is a criminal office and can be reported to the Queensland Police Service.

If you are in danger or someone has threatened you, call Triple Zero (000).

What you can do if you experience vilification

If you think you have experienced vilification (including because you are a member of a group that has been vilified), you can make a complaint to the Commission.

If you think you have experienced serious vilification (where there was vilification including threats of physical harm) you can report this to the Queensland Police Service. If you don’t want to report this to police, you may still make a complaint about vilification to the Commission.

If you have experienced vilification or abuse because of your race but do not wish to make a formal complaint, you can report it to us using our online racism reporting tool. If you aren’t sure what to do, you can contact the Commission for help.

We can:

explain how vilification is treated under the law
guide you through the complaint process
work with you and the other party to try to resolve the complaint.

Complaints by an organisation

A complaint about vilification can also be made by an organisation, if the primary purpose of that organisation is to promote the interests of or welfare of people of a particular race, religion, gender identity, sexuality or sex characteristics.

The organisation must be able to show:

the complaint is made in good faith,
the alleged vilification is likely to affect people whose interests the organisations represents, and
it is in the interests of justice to accept the complaint.