New protections against vilification

Changes to the law: Anti-vilification and social cohesion reforms

In April 2025, Parliament passed the Justice Legislation Amendment (Anti-vilification and Social Cohesion) Act 2025 to strengthen Victoria’s anti-vilification laws. This landmark legislation was developed following extensive consultation over several years, including with human rights, justice, legal, multicultural, advocacy and faith-based groups.

Vilification is often called hate speech or conduct

Vilification includes a range of behaviour that encourages hatred against you or is hateful of you because of who you are.

Vilification can cause profound harm to both individuals and entire communities, and undermines Victoria’s social cohesion as a multicultural and inclusive society.

Vilification is different to discrimination and sexual harassment

• Discrimination is treating a person badly or unfairly because of a personal characteristic protected by the law (for example, their age, disability or gender identity).
• Sexual harassment is unwelcome sexual behaviour that makes someone feel offended, humiliated or intimidated. This includes suggestive jokes or intrusive questions about someone’s sex life.
• The Equal Opportunity Act 2010 makes discrimination and sexual harassment against the law when it happens in certain areas of public life (for example, at work, at school and in shops).

More protections against vilification

More Victorians will be protected from vilification. The law will extend beyond race and religion to also protect the attributes (the characteristics of a person or group) of:

• disability
• gender identity
• sex
• sex characteristics
• sexual orientation
• personal association with a person with a protected attribute.

This expansion will apply from:

• 20 September 2025, to the new serious criminal vilification offences
• 30 June 2026, to the stronger civil protections.

20 September 2025: New serious criminal vilification offences

Previous vilification offences in the Racial and Religious Tolerance Act 2001 were complex and difficult to prosecute. From 20 September 2025, two new serious vilification offences prohibit the most serious cases of hate speech or conduct – not merely offensive or unkind behaviour – and carry higher maximum penalties, to reflect the seriousness of this behaviour.

The new serious vilification offences in the Crimes Act 1958 are:

1. an incitement offence
2. a threat offence.

Incitement offence

A person commits this offence if they say or do something that could incite (e.g. encourage or urge) hatred against, contempt for, revulsion toward or severe ridicule of, another person or group:

• because of a protected attribute, and
• they intend for their words or actions to incite hatred (etc), or they believe their behaviour will probably do so.

Penalty

This will be punishable by a maximum penalty of up to 3 years imprisonment.

Depending on the case, a court may give the offender a fine or community-based order.

Threat offence

A person commits this offence if they threaten another person or group with physical harm or property damage:

• because of a protected attribute, and
• they intend the other person believe the threat is real, or they think it’s likely the other person will have that belief.

Penalty

This will be punishable by a maximum penalty of up to 5 years imprisonment.

Depending on the case, a court may give the offender a fine or community-based order.

When the offences apply

The new serious vilification offences will apply to vilification that occurs on or after 20 September 2025:

• whether the words or actions happen in public, in private or online
• even if a person threatens or targets someone because they mistakenly think that person belongs to a certain group or has a particular protected attribute.

Reporting serious vilification

In an emergency, always call police on triple zero (000).

Victoria Police can arrest and charge someone if their conduct appears to be a crime.

Whether the new criminal offences apply to a particular incident will depend on the individual facts and circumstances of each case.

To report serious vilification, contact your local police station or call Crime Stoppers on 1800 333 000.

30 June 2026: Stronger civil protections

Stronger civil protections will commence on 30 June 2026. These protections include a modified incitement-based protection and a new harm-based protection.

These protections will capture public conduct (including online) that:

• in all the circumstances, is reasonably likely to be considered hateful, contemptuous, reviling or severely ridiculing of a person or group with a protected attribute, by a reasonable person with the protected attribute.
• is likely to incite hatred against, serious contempt for, revulsion towards or severe ridicule of another person or group on the ground of a protected attribute.

Victims of vilification will continue to be able to seek civil redress through the Victorian Civil and Administrative Tribunal and the Victorian Equal Opportunity and Human Rights Commission (VEOHRC).

VEOHRC’s existing powers under the Equal Opportunity Act will be expanded to respond to vilification.

Protecting and promoting human rights

There will still be exceptions to the civil protections to promote human rights, freedom of expression and religion.

Further information about the civil protections will be available closer to 30 June 2026.

Why the law is changing

The Victorian Government is committed to protecting Victorians from vilification. We made these changes after extensive consultation with the Victorian community, including with human rights, justice, legal, multicultural, advocacy and faith-based groups.

For more information visit the Engage Victoria website.