Media release re: backtracking on Anti-Discrimination Protections

The Commissioner has released a statement in regards to the proposed repeal of vilification protections and reinstating religious exemptions under the Anti-Discrimination Act 1992.

‘Backtracking on Anti-Discrimination Protections, Leaving Territorians Exposed to Vilification and Discrimination’

The Northern Territory Government’s recent announcement proposing to repeal vilification protections and reinstate the religious exemption under the Anti-Discrimination Act 1992 (ADA) is a setback for human rights and equality in the Territory. These changes threaten to strip essential protections for vulnerable communities, exposing Territorians to the risk of hate speech and discrimination.

The ADA, established in 1992, has long been a cornerstone of the Territory’s commitment to protecting its multicultural and diverse communities. In July 2023, the ADA underwent a major reform to modernise and align it with national human rights standards. The reforms were the product of decades of community consultation, expert input, and extensive advocacy.

The proposed repeal of Section 20A - known as the vilification provision - would leave Territorians unprotected from public hate speech, actions that incite hatred, ridicule, or serious offense against protected attributes such as race, religion, disability, age, gender identity, domestic violence status and more. These protections were carefully designed with a high legal threshold, ensuring they do not restrict free speech but rather protect individuals from harmful and inciteful behaviour that may lead to violence or discrimination. It protects Territorians from anti-social behaviour. 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. The removal of these protections will send a dangerous message that hate speech is acceptable in the NT. If the provision is repealed, the Northern Territory will be the only jurisdiction in Australia where people are not protected from vilification.

Furthermore, reinstating religious exemptions under Section 37A would permit religious schools to discriminate against staff based on sexuality or beliefs, further isolating and marginalising the LGBTIQA+ community in the Territory. The messaging to LGBTIQA+ students in schools will be that they are not good enough to be teachers or apply for any job in such schools in the future. It must be understood that the current law already permits faith-based institutions to hire staff who uphold religious values as required by the role, making this broad exemption unnecessary and harmful.

These changes would undermine the decades of work to ensure that all Territorians, regardless of their identity or background, can live free from hate speech and discrimination. The Anti-Discrimination Commission urges the Government to abandon these harmful proposals and reaffirm its commitment to protecting the rights and dignity of every individual in the Northern Territory.