The Parliament of New South Wales in Australia recently passed a new, landmark anti-discrimination law on August 3rd that will make it illegal to vilify people or organizations based on their religion, raising questions about its possible effects on freedom of speech in the state.

Important for NSW Australia. Religious vilification law passed. https://t.co/o0pX6a5N21

— Dr Mehmet Ozalp (@DrMehmetOzalp) August 3, 2023

The state’s bicameral legislature recently passed amendments to the NSW Anti-Discrimination Act of 1977. Under the new law, it is unlawful to “by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons, because of their religious belief, affiliation or activity.” The law defines a public act as any form of public communication, verbal and non-verbal.

The new religious vilification bill, passed by the ruling Australian Labour Party (ALP-NSW branch) under Premier Chris Minns, is also backed by the opposition Liberal Party of Australia (LPA-NSW branch) under Mark Speakman. The Liberal Party also helped the Labour Party vote down the changes proposed by the Greens to narrow down the law’s scope.

Jenny Leong, the Greens Member of Parliament (MP) for Newtown, asked why the NSW government prioritized protecting religions from vilification above all the other forms of discrimination in the community.

“At a time when there has been a disturbing increase in anti-trans and anti-(LGBTQI) aggression online and on the streets … we should be prioritizing holistic reforms, not putting religious protections first,” Leong said. “What message does this send to the (LGBTQI) community?”

Many civil liberties, rights groups, and legal experts expressed their concerns about the unforeseen effects of protecting religious individuals and organizations from contempt and ridicule. They said the law is too vague and can be weaponized to protect hate speech against members of the LGBTQIA+ community or practices like gay conversion therapy, which many religious groups and individuals have promoted.

Josh Pallas, President of the NSW Council for Civil Liberties, said it’s not fair that religious beliefs and organizations get more protection while they are exempt from other parts of the law, allowing them to discriminate against other communities. Advocates of LGBTQIA+ rights and civil liberties staged a protest at Sydney’s Town Hall to air their disapproval of the new law.

“At a time when there has been a disturbing increase in anti-trans and anti-(LGBTQI) aggression online and on the streets … we should be prioritising holistic reforms, not putting religious protections first”: @jennyleong https://t.co/AmBG06idhV

— Alastair Lawrie (@alawriedejesus) August 5, 2023

An expert in anti-discrimination laws, Alastair Lawrie of the Public Interest Advocacy Center, said that he supported anti-discrimination laws in principle but added that the amendments passed by the NSW Parliament were broader than the anti-discrimination laws passed by other states and territories in Australia, creating possible ways to restrict freedom of speech.

“It would be disappointing if this bill passes in its current form,” Lawrie said, adding that people or organizations that practice gay conversion therapy could use the new law against critics of the practice.

Another expert in anti-discrimination laws, Professor Simon Rice of the University of Sydney, said that while the new law might not criminalize advocacies against gay conversion therapy, it could still draw the line at anything said or done that risks “engendering hatred towards promoters of gay therapy.”

“They’d have to be careful about what they said so that they didn’t incite hatred against that religious view, but they’re certainly still free to attack the [practice],” Rice said.

Last week's changes to NSW's Anti-Discrimination Act are 'broader than religious vilification laws enacted in other states and territories, leaving the door open to restrictions to freedom of speech.'https://t.co/OO5zOODd9g

— Community Legal Centres NSW (@clcnsw) August 7, 2023

The NSW state government defended the new law, saying in its media release that “the legislation mirrors existing provisions in the Anti-Discrimination Act that make vilification unlawful on the grounds of race, homosexuality, transgender status, and HIV/AIDS status.”

They also said the law protects those who have no religious belief or affiliation as well, adding that “these are also positions in relation to religion which should be respected.”

The state government said the amendment was passed after consultations with various stakeholders, including legal advocates, community groups, and faith-based groups. A spokesperson for Michael Daley, the state’s Attorney-General, also said that Jews, Hindus, Muslims, and Sikhs all raised concerns about growing levels of intolerance against their communities.