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Racial and Religious Tolerance Act 2001

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The Racial and Religious Tolerance Act 2001, is a statute passed by the Victorian Parliament during the Premiership of Steve Bracks. The Act makes behavior that incites or encourages hatred, serious contempt, revulsion or severe ridicule against another person or group of people because of their race and/or religion unlawful in Victoria

The Act criminalises racist graffiti, racist posters, racist stickers, racist comments made in a publication, including the Internet and email, statements at a meeting or at a public rally. The Act explicitly criminalises public behavior – not personal beliefs.[1]

Catch the Fire Ministries - Vilification of Muslims lawsuit

In a landmark ruling on 17 December 2004, a VCAT tribunal ruled that Danny Nalliah, Daniel Scot and Catch the Fire Ministries had breached the law. The pair stood accused of making fun of Muslim beliefs and conduct that was "hostile, demeaning and derogatory of all Muslim people, their god, Allah, the prophet Muhammad and in general Muslim religious beliefs and practices". Nalliah publicly condemned the verdict and declared his intention to continue fighting the case, potentially as far as the High Court of Australia. The Age newspaper quoted him as stating, "We may have lost the battle, but the war is not over. The law has to be removed, there is no question."[2]

The matter was eventually resolved without a VCAT hearing after mediation between the two parties. On 22 June 2007 VCAT published a statement agreed to by both parties which affirmed everyone's rights to "robustly debate religion including the right to criticise the religious belief of another, in a free, open and democratic society".[3][4]

United Patriots Front - Inciting Serious Contempt of Muslims

In September 2017 three prominent members of the far-right United Patriots Front; Blair Cottrell, Neil Erikson and Chris Shortis, were charged with serious religious vilification, among other offenses. In September that same year they were convicted for inciting serious contempt of Muslims, each were fined $2,000.[5]

Criticism

Former state shadow Attorney general Andrew McIntosh announced prior to the 2006 election that the Liberal Party would repeal the religious section of the "fundamentally flawed" Act.[6]

In January 2006, nineteen Christian leaders from Melbourne's largest churches wrote to the Premier requesting the removal of the civil provisions in the act, claiming that aspects of the religious vilification law undermines multiculturalism. [7]

Independent MP Russell Savage, whose support helped Bracks form Government in 1999, described the act as "the worst legislation he had ever seen passed".[8]

References

  1. ^ "The Racial and Religious Tolerance Act". Victorian Equal Opportunity and Human Rights Commission. Melbourne. 2001. Retrieved 22 July 2018.
  2. ^ Historic win in religious hatred case The Age, 18 December 2004
  3. ^ Hosen, Nadirsyah; Mohr, Richard (2011). Law and religion in public life: The contemporary debate.
  4. ^ Turnbull, Jeff (25 June 2007). "Church and Islamic council bury hatchet". Archived from the original on 25 June 2007. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  5. ^ "Far-right nationalists found guilty of inciting serious contempt for Muslims". ABC News. 5 September 2017. Retrieved 6 September 2017.
  6. ^ "libs coy over hatred laws" 9 August 2006
  7. ^ "religious vilification law undermines multiculturalism" The Age 30 April 2006
  8. ^ "speaking freely is risky business" The Age 8 August 2006

Further reading

  • Garth Blake, "Promoting Religious Tolerance in a Multifaith Society: Religious Vilification Legislation in Australia and the UK." The Australian Law Journal, 81 (2007): 386–405.
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