We argue that existing criminal offences already cover public slogans that incite hatred, and that a cautious approach is warranted given the meaning of slogans can be deeply contested.
In response to a NSW Parliamentary Inquiry into legal options to address slogans that incite hatred, we highlighted the 2025 introduction of s93ZAA of the Crimes Act 1900 (NSW), which prohibits public acts that incite racial hatred, and which can apply to slogans which have the same impact.
At the same time, we urged caution in relation to consideration of banning specific slogans, observing: “The meaning of slogans can be, and often is, deeply contested, with varying interpretations depending on the context. We submit that blanket bans, including criminal penalties for their breach, are a blunt and arguably inappropriate approach to this complex issue.”
Finally, we supported amendments to s93ZAA to ensure that it prohibits the incitement of hatred on additional grounds, including religion, sex, sexual orientation, gender identity, sex characteristics and disability, while also calling for the removal of the current defence for quoting or referencing religious texts.
