The NSW Government’s rush to pass laws restricting protest and criminalising vilification is a misguided reaction to the recent surge in racist attacks and vilification. The rush to push two new bills through the NSW Parliament meant that this complex, sensitive legislation was not given the usual time for scrutiny and debate. Amnesty International Australia holds serious concerns that these laws curtail the fundamental rights to freedom of expression and freedom of assembly and fail to address the real issue—the rise of violence driven by hate.
“The Government has justified its rush to pass these laws by citing recent antisemitic attacks, but there is no evidence that these attacks have any connections to peaceful protest. Criminalising peaceful protest is not a solution to tackling antisemitism, Islamophobia and racism—it is a dangerous suppression of people’s human rights,” says Nikita White, Amnesty International Australia Strategic Campaigner.
“Criminalising peaceful protest is not a solution to tackling antisemitism, Islamophobia and racism—it is a dangerous suppression of people’s human rights.”
Nikita White, Amnesty International Australia Strategic Campaigner
“Restricting fundamental human rights, such as the right to peaceful protest, will not address the root causes of hate.”
Amnesty International Australia urges the NSW Government to adopt a more comprehensive approach to addressing the systemic causes of hate, including implementing the National Anti-Racism Framework and legislating a Human Rights Act, to ensure everyone, especially vulnerable groups, can live free from violence, vilification and discrimination.
The Crimes Amendment (Places of Worship) Bill removes limitations to NSW Police “move-on” powers, making it easier to issue these orders to protesters near places of worship. Sydney’s CBD is home to 30 places of worship—these laws could restrict students from protesting climate inaction at Town Hall or prevent survivors of child sex abuse from demonstrating outside St Mary’s Cathedral.
This Bill also provides heavy penalties—up to $22,000 in fines or two years in prison— for conduct near places of worship deemed as “harassment.” It is unclear if “harassment” could cover activities like chanting or holding a placard—core expressions of the right to peaceful protest.
Curbing people’s right to protest won’t stop the surge of antisemitic and Islamophobic violence.
The Crimes Amendment (Inciting Racial Hatred) Bill creates a new offence criminalising inciting racial hatred with penalties of up to two years’ imprisonment and $11,000. The 2024 Review into Hate Speech Laws did not recommend criminalising vilification, and organisations have warned criminalisation risks unintended consequences, especially for those overrepresented in the criminal justice system
NSW law still does not protect many communities from discrimination including LGBTQIA+ people and people with disabilities. Amnesty International Australia calls for all marginalised people and communities to be equally protected from vilification.
“We urge the Government to adopt a more comprehensive approach to protecting communities from vilification, ensuring the safety and security of all communities,”
Nikita White, Amnesty International Australia Strategic Campaigner
