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You are here: Home / Law Hacks / Escalation, Vilification, Discrimination: Marriage Equality Debate Must Be Lawful

Escalation, Vilification, Discrimination: Marriage Equality Debate Must Be Lawful

September 22, 2017 by bucketorange Leave a Comment

1 min read

In the light of escalating tensions between the “yes” and “no” campaigns, both the Prime Minister, Malcolm Turnbull, and leader of the opposition, Bill Shorten, have reiterated that the marriage equality debate should be civil, respectful and, importantly, lawful.

Last week, emergency laws under the Marriage Law Survey (Additional Safeguards) Bill 2017 to ban vilification, intimidation, and threats in the same-sex marriage campaign were rushed through parliament. The new laws provide for offences for bribery and threats and civil penalties in relation to vilification, interference, discrimination and misleading or deceptive publications.

Civil penalties include fines of up to $12,600, however, any legal action for an alleged breach of the new law will need to be approved by Attorney-General George Brandis.

According to a government spokesperson who spoke to the Sydney Morning Herald:

It will be unlawful to vilify, intimidate or threaten to harm a person either because of views they hold on the survey or in relation to their religious conviction, sexual orientation, gender identity or intersex status.”

That will be a sunset provision, it will only last for the period of the postal plebiscite.”

The laws are similar to state and territory anti-discrimination laws that do not currently exist at a Commonwealth level.

NSW Anti-Discrimination laws, for example, provide for respectful discussion and debate of matters in the public interest, however, these matters must be done reasonably and in good faith, or risk breaching laws designed to protect the people of NSW from vilification on the grounds of their homosexuality.

Vilification, (or hate speech) includes saying, publishing, broadcasting or displaying things that incite hatred towards, serious contempt for, or severe ridicule of people on the ground of homosexuality.

It does not restrict discussion or debate that is done reasonably and in good faith, nor does it limit fair reports of acts done by others.

Further Information

For more information about vilification click here.

If you, or someone you know, has been subject to homosexual vilification, contact:

  • Gay and Lesbian Counselling Service on (02) 8594 9596 or 1800 184 527
  • Gay and Lesbian Rights Lobby on (02) 9571 5501.

If you have been threatened with violence or you are physically attacked contact:

  • Gay and Lesbian Anti-Violence Project on (02) 9206 2116 or 1800 063 060
  • A chamber magistrate to discuss the possibility of getting an ‘apprehended personal violence order’ to prevent any further violence.
  • To find out the address of your nearest magistrate, look under Local Courts in the phone book or refer to the Department of Justice and Attorney General’s website.
  • Local police – if you are homosexual or transgender, you may wish to speak with a Gay and Lesbian Police Liaison Officer. Phone (02) 9281 0000 to find out the contact details of the nearest Gay and Lesbian Police Liaison Officer, or contact them through a local police station.
The Anti-Discrimination Board of NSW encourages the public to call on its enquiry line: 
  • (02) 926 85544 or
  • 1800 670 812

More on BucketOrange Magazine

  • Council Of The Law Society Of NSW Supports Respectful Debate On Same-Sex Marriage
  • Bucket Intell-O-gence: Untangling The Postal Plebiscite Debacle

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Filed Under: Law Hacks Tagged With: anti-discrimination law, auslaw, marriage equality, new legislation, same sex marriage, same-sex, vilification

Legal Notice

The contents of this publication, current at the date of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.

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