Anti-Discrimination Commission of Queensland - Racial and Religious Vilification

RACIAL AND RELIGIOUS VILIFICATION

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What is racial and religious vilification? What sort of things might be against the law? What are some examples of this? Is it different if it happens at work? How can I tell if it's vilification? How can I make a complaint? What happens with a complaint? What else do I need to know?

What is racial and religious vilification?

The Queensland Anti-Discrimination Act 1991 (the Act) promotes fairness by protecting people against a range of unfair treatment. One sort of unfair treatment is called vilification (the others are discrimination and sexual harassment), and the Act includes two types - racial and religious. At its simplest, vilification is a public act of racial or religious hatred, and the law says that such acts may be unlawful.

It is also a criminal offence to incite racial and religious hatred of others by threatening physical harm towards a person or their property.

Vilification can take many forms, including hate-speech, graffiti, websites and other types of written material. The behaviour often:

happens in a public place and
incites others to hate people or groups because of their race or religion.

The aim of the law in Queensland is to ensure that people can live free from this hatred. There is also federal law about this, and you might want to call the Human Rights and Equal Opportunity Commission on 1300 656 419 for more information.

What sort of things might be against the law?

racial or religious hate graffiti in public places, including churches or places of worship
public speeches that incite racial and religious hatred
public abuse that incites others to hate people because of their race or religion
remarks in the media that incite hatred of others because of their race or religion
people wearing badges or clothing with slogans that incite hatred
internet sites with pictures or words that incite people to hate others
public gestures which incite others to hate people
posters or stickers in a public place that incite this hatred.

What are some examples of this?

a person inciting their workmates to racially abuse an Aboriginal man in the cafeteria
posters and graffiti inciting hatred of Jewish people being put up in a synagogue
a person urging supporters at a football match to abuse a Muslim woman and to remove her Hijab (veil).

Is it different if it happens at work?

The main issue here is that if the behaviour happens at work, as in the first example above, the employer can be held liable for it, as well as the person who vilified you.

The Act is clear on this, and says that employers can be held responsible for the actions of their workers. The employer can, however, argue that they took reasonable steps to reduce or prevent the vilification from happening. Usually, these reasonable steps include:

having policies which make it clear what is acceptable and what is not, in the workplace
running awareness sessions for staff so they are also clear about this
using a process for dealing with complaints in the workplace.

How can I tell if it's vilification?

Did it happen publicly? In other words, apart from those involved, could other people see it, hear it or read it? If it happened in private, it's not vilification.

Could it incite hatred (serious contempt or severe ridicule)? Or, how serious was it? Serious enough to have an impact on other people? If the act was fairly minor, or a light-hearted joke, it's probably not vilification.

Is it something that would be seen as free speech, and therefore legal? The law allows for free speech to be protected, so it says that the following things are not vilification:

a fair report by TV, radio or newspaper of someone else's act of hatred (unless extra material has been added which is vilifying)
discussions or debates about racial or religious issues, done "reasonably and in good faith"
material used in parliament, courts, tribunals or other government inquiries.

How can I make a complaint?

There are a few choices you might want to think about. They include:

speaking to the person or the group you think is responsible for the act, to talk about your concerns. Sometimes the direct, informal approach works well, and things can be sorted out quickly.
looking for help from the organisation that represents your religious or racial group.
making a complaint to your employer if it happened at work
lodging a complaint with the Anti-Discrimination Commission. You can do this whether or not you've spoken to others.

If you decide to lodge a complaint, you need to keep in mind that:

the complaint has to be in writing, although it can be in any language. If we need to, we'll organise translators. It also has to be lodged within twelve months of the alleged hatred occurring
you can withdraw your complaint at any time
you need to give us enough information to show that the Act may have been breached, that the hatred has happened, and that it could incite people to hate others because of their race or religion

if you need more information about the Act, you can call the nearest office.

What happens with a complaint?

If you lodge a complaint with the Commission, we'll assess the claim to see if it falls within the Act, conduct further investigations if needed, and may call a meeting between you and the other person or group involved (and maybe others). This meeting gives people the chance to discuss their concerns and to reach some settlement of the complaint.

If the complaint is not settled at one of these meetings, it may be referred to the Queensland Anti-Discrimination Tribunal for a hearing.

What else do I need to know?

The Commission runs information sessions on racial and religious vilification, as well as on other parts of the Act. You could call your local office for more about this.

The Brisbane office has a library which is open to the public between 9.00 a.m. and 5.00 p.m on Thursdays, and all the regional offices have resources.

We also have brochures on other issues covered by the Act. These include:

race discrimination
age discrimination
impairment discrimination
sexuality discrimination
sex/marital/parental status discrimination
pregnancy/breastfeeding discrimination
sexual harassment
making a complaint
responding to a complaint
a general guide
other work we do

These are available from the website, or any of our offices.

This information is intended as a guide only. It is not a substitute for legal advice. For more information contact the Commission on 1300 130 670 statewide or Teletypewriter 1300 130 680 statewide.