ACON: ‘Safety Cannot Be Selective’ – NSW’s Hate Speech Laws Must Protect All Communities
Michael Barnett OAM
04-08-2026 - 05:41 PM‘Safety Cannot Be Selective’ – NSW’s Hate Speech Laws Must Protect All Communities
NSW Government’s decision to reject the recommendations of the Honourable John Sackar AM KC’s review of criminal law protections against incitement of hatred.
The Government has decided not to extend existing criminal offences of inciting racial hatred to cover additional protected attributes, including sexual orientation and gender identity. This decision leaves LGBTQ+ people without equal legal protection against hate-fuelled incitement, despite rising violence and harassment against our communities.
ACON Director Policy, Strategy and Research Brent Mackie said the rejection was a missed opportunity to send a clear message that hate towards LGBTQIA+ people will not be tolerated.
“Over recent years, we have seen a disturbing rise in hate-motivated speech and violence towards our communities. By refusing to extend these protections, the Government is ignoring the reality that words can cause real-world harm and exacerbate existing health inequities for our communities. We need comprehensive laws that protect all people in NSW from hate incitement, regardless of their background, faith, sexuality, or gender identity,” said Mackie.
“Everyone deserves the right to feel safe, respected, and free from intimidation. By maintaining unequal standards of protection under the guise of freedom of expression and freedom of religion, the Government is failing to uphold that basic right for our communities.”
ACON calls on the NSW Government to reconsider this position and to work with community organisations to develop a holistic response to hate violence, including stronger preventive laws, improved reporting mechanisms, better victim support, and evidence-based diversion programs.
Mackie added: “We urge the Government to listen to the communities most affected by hate crimes. Our communities tell us they feel unsafe. Safety cannot be selective; it must be guaranteed for everyone. It is time for leadership that matches the severity of the threat and ensures no one in our community is left unprotected.”
For more information please contact: David Alexander, ACON Media and Communications
E: dalex...@acon.org.au T: +61 (02) 9206 2044 M: +61 (0)428 477 042