Today the NSW Government has announced a raft of new laws that will unduly restrict freedom of speech and the right to protest.
The proposed laws go against the findings of the review into section 93Z of the Crimes Act that was handed to the government late last year. The review into s93Z outlined that provisions like those suggested by the Minns’ Government are imprecise and subjective. Further, the review made clear they go against the advice of the UN Committee on the Elimination of Racial Discrimination which warned that restrictions on freedom of speech should not be “broad or vague”.
The NSW Council for Civil Liberties echoes the concerns raised by many submissions that the proposed vilification offences could disproportionately impact disadvantaged groups, including Aboriginal and Torres Strait Islander peoples, people with disability and young people.
The NSW Government has not consulted with legal and human rights experts or broader civil society groups on these proposed new laws and they should abandon these laws until they do.
Comments attributable to Timothy Roberts, President NSWCCL
"This is another knee jerk reaction from the Premier to a complex and sensitive area of law that does not survive a moment's scrutiny. The Minns’ Government has not engaged in broad community or legal consultation on this and it shows.
"This proposal reflects the Minn's Government's disdain for the right to protest. These laws have the effect of suppressing public assembly and protest as they will empower police to arrest and move people along with vague and subjective assessments of intimidation and harassment.
“The police already have broad powers to move people on and prosecute the use of hate symbols, arson, graffiti and property damage. We have seen them in use in response to the recent spate of antisemitism we have seen in NSW.
“The new laws will not assist in bringing about social cohesion. They will have a chilling effect on protest and speech, pushing dissenting voices from all corners of the political spectrum into the margins at a time when we should be having these important conversations, including challenging racial vilification, in public.
“We are calling on the NSW Government not to proceed with these laws, or at the very least, send them to an inquiry so they can hear from experts and interested parties to understand why they are so unwelcome.
“Criminal laws must be able to be clearly understood across the community to protect against miscarriages of justice. Instead these laws introduce vague and subjective terms to NSW criminal law.”
