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ARTICLE · 31 AUGUST 2025

Hate Speech and Racial Vilification Laws and Penalties Australia

Criminal Defence Lawyers Australia
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New law address racially motivated hate speech and antisemitic conduct that have been prevalent in the community.

AustraliaGovernment, Public Sector
Jimmy Singh
Jimmy Singh
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Until now there has been no criminal offence directed at criminalising the inciting of racial hatred in NSW or racial hate speech laws, only a civil action for unlawful racial vilification through the Anti-Discrimination Act 1977 (now the Racial Hatred Act 1995). Our criminal lawyers Sydney team provide you with a run-down on these new laws that have now been introduced in the state of New South Wales.

In response to the recent instances of antisemitic behaviour seen in Sydney, the Crimes Act 1900 (NSW) has been updated with a new offence of inciting racial hatred with the Crimes Amendment (Inciting Racial Hatred) Bill 2025. The purpose of introducing this is to address racially motivated hate speech and antisemitic conduct that have been prevalent in the community acknowledging that racially motivated hate speech and the violence it inspires is a significant threat to social cohesion of the NSW community.

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