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Advocates say proposed hate speech laws exclude vulnerable communities

The first details of the Albanese Government’s proposed hate speech and gun control legislation has been revealed today, with many concerned it fails to offer sufficient protections.

The ABC has reported the Combatting Antisemitism, Hate and Extremism Bill will criminalise publicly promoting or inciting “racial hatred where the conduct would cause a reasonable person to feel intimidated, harassed or fear violence” at the federal level.

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LGBTIQA+ and Jewish community group Aleph Melbourne is calling on the government to prohibit hate speech against both the LGBTQIA+ community and the Jewish community.

Spokesperson Michael Barnett says it makes “no sense to us that half our identity is protected from hate and the other half isn’t.”

“The same ideology is being used to drive attacks on both the LGBTIQA+ and Jewish communities. Neo-Nazis and white supremacists want to eradicate gay and trans people as much as they want to eradicate Jews,” Barnett said.

Barnett also highlights that peak body, the Executive Council of Australian Jewry, has in recent years backed greater protections for LGBTIQA+ people.

“We call on the government to treat anti-LGBTIQA+ hate as seriously as Anti-semitic hate. There is no room for either in Australia.”

LGBTIQA+ advocacy group Just.Equal Australia is working alongside Aleph Melbourne to urge the government for broader protections.

“Passing laws against only one kind of hate means other forms are seen as legitimate and less deserving of a response,” spokesperson Rodney Croome said.

Just.Equal’s Rodney Croome

“One important lesson from the Bondi tragedy is that the Government shouldn’t wait until attacks escalate before taking tough action against hate.” 

“National hate speech and hate crime laws should cover LGBTIQA+ people as well as all other Australians vulnerable to hate.” 

“The Prime Minister has said ‘more could have been done’ to prevent the Bondi attack, so let’s now do more, not less.”

Equality Australia says anti-LGBTQIA+ hate “equally vile”

National group Equality Australia has also drawn attention to the need for adequate protections for LGBTIQA+ and other vulnerable communities.

Legal Director Heather Corkhill says hatred in any form has no place in our society.

“Serious vilification laws must apply equally,” Corkhill said.

“The government should be stopping all hate before it turns violent, not creating tiers of protection. 

“Intimidating rainbow families online, calling for the destruction of trans people or threatening gay men on the street is equally vile and must be stamped out.” 

Corkhill said the government is “turning a blind eye” to rising levels of hate and violence against the LGBTIQA+ community.

“Protecting Jewish communities is vital but hate harms everyone it targets, and our laws must protect everyone alike,” she said.

“We are seeing alarming and deliberate attacks against LGBTIQ+ people. The threats to our community are real and severe, and the need for stronger protections from hate and vilification has never been more urgent.” 

Equality Australia were also concerned by the lack of engagement with LGBTIQA+ organisations during the legislations consultation process.

“We have been left in the dark, even though the criminal law being amended recognises us as an at-risk group, and despite calls from Jewish leaders to extend protections to all attributes,” Corkhill said. 

“No one should be targeted because of their race or religion – and no one should be targeted because of their sexuality or gender identity. If hate is unacceptable for one group, it must be unacceptable for all. 

“Creating a hierarchy of protections actively undermines social cohesion as well as the effectiveness of the law. This is a missed opportunity to protect every community targeted by hate.” 

Both the government and the federal opposition have resisted calls to examine hate speech more broadly, with Sussan Ley calling for decision-makers to ignore protections relating to sexuality and gender.

The legislation is due to be debated in parliament next week, after the Prime Minister recalled members to Canberra early to progress this legislation.

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