Australian Capital Territory Numbered Acts

DISCRIMINATION AMENDMENT ACT 2016 (NO. 49 OF 2016) - SECT 9

in part 7, insert

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)     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 publically 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 1     Serious vilification is an offence under the Criminal Code

, s 750.

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act

, s 126 and s 132).

    (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.