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DISCRIMINATION ACT 1991 - SECT 67A Unlawful vilification

DISCRIMINATION ACT 1991 - SECT 67A

Unlawful vilification

    (1)     It is unlawful for a person to incite hatred toward, revulsion of, serious contempt for, or severe ridicule of a person or group of people on the ground of any of the following, other than in private:

        (a)     disability;

        (b)     gender identity;

        (c)     HIV/AIDS status;

        (d)     race;

        (e)     religious conviction;

        (f)     sex characteristics;

        (g)     sexuality.

Examples—other than in private

1     screening recorded material at an event that is open to the public, even if privately organised

2     writing a publicly viewable post on social media

3     speaking in an interview intended to be broadcast or published

4     actions or gestures observable by the public

5     wearing or displaying clothes, signs or flags observable by the public

Note     Serious vilification is an offence under the Criminal Code

, s 750.

    (2)     However, it is not unlawful to—

        (a)     make a fair report about an act mentioned in subsection (1); or

        (b)     communicate, distribute or disseminate any matter consisting of a publication that is subject to a defence of absolute privilege in a proceeding for defamation; or

        (c)     do an act mentioned in subsection (1) reasonably and honestly, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including discussion or debate about and presentations of any matter.

    (3)     In this section:

"HIV/AIDS" status means status as a person who has the Human Immunodeficiency Virus or Acquired Immune Deficiency Syndrome.