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Victorian Attorney General meets with Faith Leaders to discuss proposed strengthening of Anti-Vilification Laws

On Tuesday, 19 November, Victorian Attorney General The Hon. Jaclyn Symes met with a diverse group of faith leaders to discuss the introduction of strengthened anti-vilification laws. The proposed legislation aims to enhance existing laws to better protect individuals from hate speech and conduct, fostering a more inclusive society.

Representing His Eminence Archbishop Makarios of Australia, Father Eusebios, Archimandrite of the Ecumenical Throne and Abbot of Pantanassa Monastery, attended the meeting. Father Eusebios commended the government’s efforts to create a safe society for all. He emphasised that the Greek Orthodox Archdiocese of Australia strongly opposes any form of hate speech and encourages everyone to treat each person with dignity, “dignity is a divine gift, not something earned or based on social status. This dignity calls for the recognition and respect of each person’s rights and freedoms.”

The changes seek to lower the legal threshold for what is considered hate speech and include new attributes such as disability, gender identity, sex, sex characteristics, sexual orientation, and personal association with a person with a protected attribute.

However, the proposed changes have raised concerns among faith leaders and faith-based groups, who fear that lowering the legal threshold for what constitutes vilification could impact religious expression. The proposed changes will modify the legal test for hate speech by focusing on whether the conduct is likely to incite hatred or other serious emotions in another person, rather than requiring proof that the conduct actually incited those emotions.

Faith leaders and faith-based groups expressed hope that the proposed anti-vilification laws would not stifle free speech or limit religious expression and activity in Victoria. Attorney General Symes sought to reassure faith leaders that communications made in genuine, good-faith observance of religious practice would be exempt from civil complaints and criminal prosecution. Attorney General Symes has also publicly stated “This isn’t about curtailing people’s ability to practice the religion that they hold. This is squarely about protecting vulnerable people from hate speech”.

Father Eusebios articulated that reducing tensions in a polarised cultural context and upholding healthy pluralism requires not prioritising one freedom over another but rather finding ways to respect the freedom of each party without infringing on the other’s rights. “If managed properly, protecting competing rights should contribute to creating a culture of mutual respect instead of mutual distancing.”

The Orthodox Church navigates this complex balance with a focus on upholding both religious freedom and human dignity. The Church differentiates between expressing religious doctrines and engaging in hate speech. While it upholds Scripture-based views on sexuality, it emphasises that these views should not incite hatred or violence against any individuals.

The Greek Orthodox Archdiocese welcomed the government’s willingness for dialogue and input to the upcoming legislation and the commitment to collaborate, ensuring that the new laws protect all individuals while respecting religious freedoms.