NT Reverses ‘Overreaching’ Anti-Hate Laws to Protect Free Speech

The attorney-general said the anti-hate laws were unclear and could be misused.

Parliament House is lit up at dusk in State Square on October 6, 2013 in Darwin, Australia. Photo by Scott Barbour/Getty Images

The Country Liberal Party in the Northern Territory (NT) is reversing “overreaching” anti-hate laws that Attorney-General Marie-Clare Boothby says undermined free speech.

The reforms also prevented religious schools from hiring staff based on their faith.

“In November 2022, the former Labor government added a section to the Anti-Discrimination Act making offensive behaviour illegal—a subjective term that gives bureaucrats the power to decide what is offensive,” Boothby told The Epoch Times.

The laws sat above existing legislation to tackle hate.

“We opposed this overreach then, and we remain committed to repealing it now to protect freedom of speech,” the attorney-general said.

Boothby explained the lacks lacked clear guidelines, leaving them wide open for misuse.

“Right now, someone can lodge a complaint simply because they found something offensive or disagreed with an opinion,” she explained.

“Why should government undermine open debate and free expression by Territorians?

“Discrimination based on race, religion, or gender is already prohibited under the Act. This will remain.”

Labor also removed an exemption allowing religious schools to hire staff based on faith, stripping them of the right to uphold their teachings and ethos.

Boothby has vowed to restore the exemption, once again giving religious schools the freedom of choice in hiring.

“As Attorney-General, I continue to consult with stakeholders ahead of introducing these amendments to Parliament, which we aim to pass in the coming months,” she said.

“It is expected the rest of the Act will remain as passed in November 2022.”

Repeal Criticised

NT Anti-Discrimination Commissioner Jeswynn Yogaratnam issued a statement condemning the plan to repeal the laws, saying the move would leave Territorians open to vilification and discrimination.

Yogaratnam labelled the move a “setback for human rights.”

“In July 2023, the Anti-Discrimination Act underwent a major reform to modernise and align it with national human rights standards,” he said.

“The reforms were the product of decades of community consultation, expert input and extensive advocacy.”

Yogaratnam disagreed that the amendments were open to abuse, saying the laws had been designed with a careful, high legal threshold to ensure they did not restrict free speech while protecting individuals from harmful and inciteful behaviour that could lead to violence or discrimination.

“This includes offensive hate speech targeted against religious groups, inciteful statements to women because of their gender or offensive comments because of a person’s race,” he said.