Körero Whakamauähara : Hate Speech Western Australia A person commits an offence if they intentionally carry out a threatening act, the act is threatening, the person is reckless about whether the act incites hatred toward, revulsion of, serious contempt for, or severe ridicule of, a person or group of people on the ground of disability, gender identity, HIV/AIDS status, intersex status, race, religious conviction and sexuality. Western Australia has no civil vilification law. However, the Criminal Code 1913 sets out the crimes of racial harassment and incitement to racial hatred. There are a range of specific offences relating to incitement to racial hatred.144 The offences carry maximum imprisonment terms between five and 14 years. Or on summary conviction a penalty of two years and a maximum fine of $24,000. The penalty is 50 penalty units. Tasmania Northern Territories Tasmania does not have any vilification laws. However, the Tasmania Anti-Discrimination Act 1998 lists “inciting hatred” as a prohibited conduct. Section 19 provides that a person, by a public act, must not incite hatred towards, serious contempt for, or severe ridicule of, a person or a group of persons on the ground of race, disability, sexual orientation or lawful sexual activity, religious belief or affiliation or activity or the gender identity or intersex variations of sex characteristics.145 No civil or criminal anti-vilification laws exist in the Northern Territories. Anyone can make a complaint to the AntiDiscrimination Commissioner who will attempt to resolve by conciliation or in any other way.146 Australian Capital Territories The ACT has both civil and criminal vilification laws. A civil remedy is provided under section 67A of the Discrimination Act 1991 which makes it unlawful “for a person to incite hatred toward, revulsion of, serious contempt for, or even severe ridicule of a person or group of people on the ground of” disability, gender identity, HIV/AIDS status, intersex status, race, religious conviction, or sexuality.147 England and Wales The principal offences in the United Kingdom which address hate speech are commonly referred to as “stirring up” offences. The offences are found in the Public Order Act 1986. The Act sets out the offences of stirring up hatred on the grounds of race, religion and sexual orientation. Part III of the Act sets out the offence of incitement to racial hatred, which was initially created by section 6 of the Race Relations Act 1965.148 The racial hatred offences apply to specified forms of behavior or content that is: • threatening, abusive or insulting; and • intended, or likely, to stir up racial hatred.149 This part of the Act applies to England, Scotland and Wales. The Criminal Code 2002 provides for the criminal offence of serious vilification: Criminal Code 1913, ss 77-80. Tasmania Anti-Discrimination Act 1998, s 19. 146 Tasmania Anti-Discrimination Act 1998, s 74. 147 Discrimination Act 1991, s 67(A). 148 The 1965 formulation of the Race Relations Act required proof of intention to stir up hatred which is removed from the latest offence. 149 Race Relations Act, s 18: A person who uses threatening, abusive or insulting words or behaviour, or displays any written material which is threatening, abusive or insulting, is guilty of an offence if— (a) he intends thereby to stir up racial hatred, or (b) having regard to all the circumstances racial hatred is likely to be stirred up thereby. 144 145 29