The Northern Territory government has reversed its earlier plan to completely eliminate hate speech protections from its Anti-Discrimination Act, but concerns remain that the revised proposal still weakens current safeguards.
The controversy centres on a “vilification” clause, introduced by the previous Labor government, which makes it unlawful to publicly “offend, insult, humiliate or intimidate” someone based on characteristics such as race, gender, or sexuality.
The ruling Country Liberal Party (CLP) had initially planned to remove the clause entirely — a move backed by religious organisations but strongly opposed by LGBTQIA+ advocates and anti-discrimination authorities.
Over the weekend, protesters rallied at Darwin’s Pride March, calling for the existing protections to be upheld.
In response to the public outcry, the government announced it would not abolish the vilification clause outright but instead replace it. The new wording, according to Attorney-General Marie-Clare Boothby’s office, would ban behaviour that “incites hatred, serious contempt or severe ridicule” based on identity — removing the terms “offend” and “insult,” which the government described as vague.
Boothby argued the revision reflects standards used in other jurisdictions and better protects free speech.
Commissioner Warns of Weakened Protections
NT Anti-Discrimination Commissioner Jeswynn Yogaratnam, however, said he had not seen the draft legislation but maintained that changing the clause would “water down” Australia’s strongest anti-vilification law.
He told a parliamentary committee the current law is forward-thinking and effective.
“Any other version of the vilification provision would be watering it down,” he warned.
He added that out of 46 complaints under the existing clause since mid-2023, only three were formally accepted — countering claims the law is overly broad or easily abused.
Concerns from LGBTQIA+ Community
Top End Pride committee member and emergency doctor Bhushan Joshi said the proposed change could lower the threshold for harmful public speech targeting vulnerable groups.
“It feels like the new law could make it easier to insult or humiliate others in public,” he said, also questioning the government’s claim that it consulted LGBTQIA+ groups. While some feedback was collected, Joshi said his group was not directly involved in the consultation.
Joshi emphasised the role of the Anti-Discrimination Commission in resolving issues through mediation, rather than punishment.
“This process is about building a fairer society, not punishing people,” he explained.
Religious Hiring Rights to Be Reinstated
The government is also pushing forward with a plan to reinstate the ability of religious schools to give hiring preference to staff who share their faith — a right that was removed by the previous Labor government in 2022.
Boothby clarified that the upcoming changes wouldn’t allow outright discrimination but would permit religious schools to prioritise co-religionist staff as part of respecting religious freedoms.
Commissioner Yogaratnam said this change is unnecessary, as religious freedoms in employment are already addressed elsewhere in the legislation.
While the Australian Christian Lobby (ACL) had previously supported the original plans, its NT representative declined to comment without seeing the new bill.
The updated Anti-Discrimination Act amendments are expected to be introduced in parliament next month, with debate scheduled before the end of the year.
