The Guardian: What are the NSW hate speech laws under consideration after Sydney’s recentantisemitic attacks?

Recently, NSW Premier Chris Minns indicated that the government is considering amendments to our hate speech laws, which could mean changes to section 93Z of the Crimes Act.

Section 93Z outlines the offence of publicly threatening or inciting violence based on a person’s race, religion, sexuality, or gender identity. Minns has mentioned that they may consider making vilification a criminal charge, rather than civil offence.

If vilification is reclassified as a criminal offence, it means that rather than individuals or groups taking civil action, the state could prosecute offenders. This could lead to harsher penalties, including possible imprisonment.

As NSW reviews its hate speech laws, Minns has pointed to Victoria’s equivalent legislation, which he describes as taking a “tougher” approach to vilification.

The NSW Council for Civil Liberties has called on the Minns government to review the recommendations seen in the 2024 Review into Hate Speech Laws.

This is a review which the government commissioned Tom Bathurst SC, the chair of the NSW Law Reform Commission and a former supreme court chief justice, to conduct in 2024. Bathurst examined if 93Z was operating effectively and recommended against changing 93Z and making vilification a criminal offence.

In the 2024 Review into Hate Speech Laws Tom Bathurst advised the NSW government against following Victoria’s lead, stating that it would “introduce imprecision and subjectivity into the criminal law”.

“We acknowledge public interest in the operation of [93Z] has increased following the events in Israel and Gaza on and after 7 October 2023. However, after consulting widely, we have concluded that [93Z] should not be amended,” the report said.

“Concerns raised about the limits of the criminal law in achieving and maintaining social cohesion have also informed our decision not to recommend change to [93Z].”

Timothy Roberts, NSWCCL president has critiqued the government in ignoring these recommendations, saying it shows “a concerning disregard for the advice commissioned by his own government”.

“You cannot arrest your way into social cohesion. This reactionary response from the premier will not make people safe,”

“It is perplexing that the premier should look to Victoria as an example instead of listening to the considered views of Tom Bathurst,” he says.