In Victoria the politics of speech and assembly have moved into an era of sharp scrutiny. From the vantage of a lawyer the evolving framework governing protest and hate speech demands intense attention. New state laws aim to control certain protest tactics and expand vilification offences. For anyone working in civil liberties or public law this is not theoretical nuance but immediate terrain.
Protest regulation now includes rules banning masked demonstration attendees and display of symbols tied to extremist groups. There is strict prohibition against protests near places of worship with designated buffer zones protecting attendance. Police are granted broad powers to search, disperse or issue exclusion orders to individuals deemed likely to disrupt religious observance or other protected gatherings
These measures raise foundational questions. The implied constitutional right to political communication may come into tension with state restrictions designed to shield religious freedom.
A case from the High Court involving safe access zones near abortion clinics illustrates how limits on protest can be upheld as constitutional if they remain geographically narrow and neutral as to viewpoint. Lawyers counselling clients must weigh these precedents carefully when advising activists outside worship venues or clinics. The risk of criminal sanction for wearing a face covering or attaching oneself to infrastructure now exists where previously there was none.
At the same time Victorian hate speech regimes have transformed. The Justice Legislation Amendment bill introduces serious criminal offences for vilification based on race, religion, gender identity, sexual orientation, disability and sex characteristics. Penalties of up to five years are now possible where conduct provokes hatred, threats or physical harm.
Very sad.
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