Racists May be Jailed Under New Laws

Source: The Herald Sun, December 11th 2000

Racists May Be Jailed Under New Laws

VICTORIANS could face jail for inciting racial hatred under legislation being considered by the State Government.

In the meantime, the government will spend $1million consulting the public on the need for racial vilification laws.
Premier Steve Bracks said making racism a criminal offence was an option for a bill expected to be introduced early next year.

Opposition Leader Denis Napthine has already indicated that the Liberal Party might back criminal sanctions.

Dr Napthine’s support is significant because former premier Jeff Kennett shelved similar legislation which was introduced in the dying days of the Kirner Labor regime.

The Bracks Government will need Liberal support to pass the bill in the Upper House.

Mr Bracks told ethnic media representatives last week the state’s rich ethnic diversity requires racial vilification laws.

“To think we don’t have that sort of legislation here in Victoria is something not to be very proud of,” he said.

A discussion paper on the issue will be released on Thursday and the bill will be introduced in Parliament around March.

The Herald Sun reported last week that an early draft of the issues paper raised the possibility of anti-racism laws extending to the home.

But Mr Bracks, who is also Multicultural Affairs Minister, said the government intended to legislate only for the public domain.

He said the bill would contain sanctions against racist behavior and also have an educative role.

Asked if it would include criminal penalties, Mr Bracks said: “These are all options. We are open to suggestions on appropriate sanctions.”

The ill-fated racial vilification bill introduced by the Kirner government in 1992 included jail terms of up to six months for racial or religious slurs.

Groups including the Catholic Church opposed the law for fear that it might stifle genuine debate on religious issues.

Dr Napthine told the Herald Sun yesterday that the Opposition would consider backing criminal sanctions in extreme cases of racial abuse.

“That is totally unacceptable in our community and it is appropriate that the government should be able to take action,” he said.

But Dr Napthine said he was concerned about the threat to free speech and any legislation needed to pass the commonsense test.

“Clearly we’ve got to have a sense of humor, we’ve got to have an ability to do things in the privacy of homes,” he said.

Dr Napthine accused the government of putting too much emphasis on legislation and not doing enough to promote community education.