Inciting Racial Hate in NSW to be Criminalised Under New Law

NSW’s tough stance on hate speech faces backlash, with fears it may infringe on protest rights. The bill is to be introduced in the Parliament today.

New South Wales police officers stand near members of the Australian Jewish community at a memorial service at Sydney's Bondi Beach in Australia on Sept. 2, 2024. David Gray/AFP via Getty Images

The NSW government is set to introduce the legislation aimed at confronting hate speech and anti-Semitism in Parliament on Feb. 18.

The Crimes Amendment (Inciting Racial Hatred) Bill 2025 will criminalise the act of publicly inciting hatred based on race, introducing a new section, 93ZAA, to the Crimes Act 1900.

If passed, the bill will carry penalties including up to two years in prison and fines of up to $11,000 (US$7,000) for individuals, and $55,000 for corporations.

Offences the legislation covers involve public acts that intentionally incite hatred on racial grounds. An exception is included for religious teachings directly referencing religious texts.

NSW Premier Chris Minns said it illustrated the government’s commitment to combating hate.

“Racial hatred and antisemitism have no place in our society, and we are making it clear with this law,” he said.

The reforms come after a surge in hate crimes across NSW, including the vandalism of synagogues with swastikas and violent confrontations outside places of worship.

Jewish and Muslim communities have reported an increase in threats and harassment, prompting calls for stronger legal protections.

Additional Measures for Religious Protection

Alongside the new legislation, the NSW government has introduced several other measures to protect places of worship.

These include new offences targeting the display of Nazi symbols near synagogues and Jewish schools, tougher penalties for defacing religious sites, and stricter graffiti laws.

Additionally, funding for the NSW Engagement and Hate Crime Unit and the Safe Places for Faith Communities Grants has been increased to improve security at religious institutions.

Concerns Over Legal Scope and Human Rights

While the government stands firm on the proposed legislation, human rights groups have raised concerns.

The Human Rights Law Centre (HRLC) has warned that the bill’s vague wording—particularly terms like “impede,” “hinder,” and “harass”—could unintentionally criminalise peaceful protests and assemblies.

HRLC has urged the government to ensure the law explicitly applies only to actions that directly restrict religious worship or are motivated by racial or religious hatred.

The centre also suggests refining the law’s wording to prevent overreach, particularly regarding gatherings near places of worship.

NSW Council for Civil Liberties (NSWCCL) President Timothy Roberts criticised the government for disregarding expert recommendations

“You cannot arrest your way into social cohesion. This reactionary response from the premier will not make people safe,” he said.

He instead advocated for stronger legal protections against all forms of hate speech and increased investment in community programs tackling racism, online hate, and radicalisation.

Meanwhile, Equality Australia has called on Minns to expand the scope of the bill to protect all vulnerable groups.

The existing Crimes Act already includes an offence for publicly threatening or inciting violence based on race, religion, sexual orientation, gender identity, and HIV/AIDS status. However, the new law specifically focuses on racial hatred.

“There is no reason why this further offence couldn’t be applied to all attributes currently protected by the law,” said Equality Australia CEO Anna Brown. “Any community that is being targeted by hate deserves to be protected under the law.”

Federal vs. NSW: Who’s Tougher on Hate Crimes?

In response to rising incidents of anti-Semitism and Islamophobia, both the federal and NSW governments have introduced separate hate crime laws, which differ in scope, penalties, and implementation.

Albanese government’s Criminal Code Amendment (Hate Crimes) Bill 2024, enacted on Feb. 6, applies nationwide and expands protections against hate crimes based on race, religion, sexual orientation, and gender identity.

It introduces new offences for advocating violence and imposes mandatory minimum sentences, including penalties for publicly displaying hate symbols.

In contrast, the NSW bill specifically targets incitement to racial hatred and the protection of places of worship.

Unlike the federal law, it does not impose mandatory minimum sentences, but it carries penalties of up to two years’ imprisonment and fines of up to $11,000.

While the federal law offers a broad, uniform legal framework for addressing hate crimes, the NSW legislation focuses on local concerns, particularly anti-Semitism and religious discrimination.

Both laws, however, have faced criticism. Critics, including the Greens and Senator David Pocock, argue that mandatory sentencing under the federal law, introduced last minute on the insistence of Opposition, could limit judicial discretion.

As both governments move to tackle rising hate crimes, the debate continues over which approach will prove more effective in ensuring safety and maintaining social cohesion across Australia.