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Vilification:

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In New South Wales, it is generally against the law to vilify people because of their race, colour, nationality, descent, ethnic, ethno religious or national origin, sexuality, HIV or AIDS status or transgender status.

NSW anti-discrimination legislation defines vilification as a public act that could incite or encourage hatred, serious contempt or severe ridicule towards people because of the abovementioned characteristics.

Since the introduction of provisions dealing with racial hatred in 1995, the Racial Discrimination Act makes it unlawful to insult, humiliate, offend or intimidate another person or group in public on the basis of their race. Specifically, the Act states:

It is unlawful for a person to do an act, otherwise than in private, if:

(a) the act is reasonably likely in all the circumstances to offend, insult, humiliate or intimidate another person or group of people, and


(b) the act is done because of the race, colour or national or ethnic origin of the other person or some or all of the people in the group.

The vilification law only covers acts that are in public. It does not cover acts that are not public. Public acts may include the following:

  • Expression via writing in a newspaper, journal or other publications;
  • Public statements and or verbal abuse on broadcast media including radio or television;
  • Expression via the internet, including social networking sites such as Facebook and Twitter; and
  • Graffiti.

There are three essential components of this unlawful conduct:

1)      The act must be done in public;

2)      It must be reasonably likely to offend, insult, humiliate or intimidate the people against whom it is directed; and

3)       It must be done because of the race, colour or national or ethnic origin of the group against whom it is directed.

It should be noted that some public acts are exempt from the provisions.

At Navado we always advise our clients when other alternatives to litigation may assist to resolve your dispute and should be considered. We endeavour to protect our clients' commercial and or individual interests and are able to offer our clients a wide range of services concerning various disciplines of law that may protect your rights against vilification.

If you require assistance regarding vilification, you should make an appointment to see one of our solicitors. Please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. 

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