QLDIn ForceAct
Anti-Discrimination Act 1991
sec.124AVilification on grounds of race, religion, sexuality, sex characteristics or gender identity unlawful
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### sec.124A Vilification on grounds of race, religion, sexuality, sex characteristics or gender identity unlawful
A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality, sex characteristics or gender identity of the person or members of the group.
Subsection (1) does not make unlawful—
the publication of a fair report of a public act mentioned in subsection (1) ; or
the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or
a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter.
In this section—
public act —
includes—
any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and
any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but
does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.
s 124A ins 2001 No. 35 s 8
amd 2002 No. 74 s 22 ; 2023 No. 17 s 154 ; 2023 No. 26 s 5
sub 2024 No. 47 s 21 (uncommenced amendment)
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ss 124B–124D ins 2024 No. 47 s 21 (uncommenced amendment)
ch 4 pt 5 (ss 124E–124F) ins 2024 No. 47 s 22 (uncommenced amendment)
(sec.124A-ssec.1) A person must not, by a public act, incite hatred towards, serious contempt for, or severe ridicule of, a person or group of persons on the ground of the race, religion, sexuality, sex characteristics or gender identity of the person or members of the group.
(sec.124A-ssec.2) Subsection (1) does not make unlawful— the publication of a fair report of a public act mentioned in subsection (1) ; or the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter.
(sec.124A-ssec.3) In this section— public act — includes— any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.
- (a) the publication of a fair report of a public act mentioned in subsection (1) ; or
- (b) the publication of material in circumstances in which the publication would be subject to a defence of absolute privilege in proceedings for defamation; or
- (c) a public act, done reasonably and in good faith, for academic, artistic, scientific or research purposes or for other purposes in the public interest, including public discussion or debate about, and expositions of, any act or matter.
- (a) includes— (i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but
- (i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and
- (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but
- (b) does not include the distribution or dissemination of any matter by a person to the public if the person does not know, and could not reasonably be expected to know, the content of the matter.
- (i) any form of communication to the public, including by speaking, writing, printing, displaying notices, broadcasting, telecasting, screening or playing of tapes or other recorded material, or by electronic means; and
- (ii) any conduct that is observable by the public, including actions, gestures and the wearing or display of clothing, signs, flags, emblems or insignia; but