Sedition, incitement and vilification: issues in the current debate

Gareth Griffith examines the potential implications for New south Wales arising from the recent debate on free speech, most notably in respect to the Commonwealth’s new anti-terrorism legislation.

The paper focuses on three areas of the law, all of which impinge on the issue of free speech. First, it considers the law of sedition as this applies federally and in NSW. Secondly, the law of incitement is discussed. Thirdly, the paper presents an overview of the law of racial and religious vilification, taking account of the Anti-Discrimination Amendment (Religious Tolerance) Bill 2005, a Private Member’s bill introduced in the NSW Legislative Council on 15 September 2005.