What is vilification?

Vilification (inciting hatred, serious contempt or severe ridicule of others because of their race religion, gender identity or sexuality) can take many forms, including hate-speech, graffiti, websites and the distribution of propaganda or other forms of offensive literature. Vilification is behaviour that is a public act and incites others to hate, to have serious contempt for, or to severely ridicule individuals or groups because of their race, religion, gender identity or sexuality.

The Anti-Discrimination Act 1991 gives a meaning of ‘public act’ as follows:

4A Meaning of public act
(1) A public act includes—

1. any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and
2. any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia.

(2) Despite anything in subsection (1), a public act does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.

It is also a criminal offence to incite hatred of others by threatening physical harm or inciting others to threaten physical harm towards another or their property.

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