Anti-Vilification Laws and Freedom of Religion in Australia - Is Defamation Enough?

Abstract

Freedom of religion and freedom of speech, two fundamental human rights, intersect and may clash when the law prohibits “vilification” of others on the basis of their religion, if the word is defined broadly enough to include offence or annoyance. The paper addresses the current state of religious “anti-vilification” laws in Australia, and updates previous work comparing these laws to the established private law action for defamation, to come to a view as to whether the law of defamation alone may or may not provide an adequate remedy for the perceived harms being dealt with under the anti-vilification laws.

Keywords: Freedom of Reliigion, Religious Vilification, Freedom of Speech

JEL Classification: K19