FREE SPEECH IS NOT INCITEMENT OF VIOLENCE (LIKE THE FREE PALESTINE ZOMBIES)
FREE SPEECH IS NOT INCITEMENT OF VIOLENCE (LIKE THE FREE PALESTINE ZOMBIES)
The Commonwealth provisions that make incitement of violence a crime are in Division 80 of the Criminal Code, which is the Schedule to the Criminal Code Act 1995 (Cth). Current compilation: C2026C00243.
**Section 80.2 — urging violence against the Constitution or government**
> (1) A person (the first person) commits an offence if:
> (a) the first person intentionally urges another person to overthrow by force or violence:
> (i) the Constitution; or
> (ii) the Government of the Commonwealth, of a State or of a Territory; or
> (iii) the lawful authority of the Government of the Commonwealth; and
> (b) the first person does so intending that force or violence will occur.
>
> Penalty: Imprisonment for 7 years.
The same section also covers intentionally urging interference, by force or violence, with a parliamentary election or a referendum, again intending that force or violence will occur. Penalty: 7 years.
**Section 80.2A — advocating force or violence against groups**
> (1) A person (the first person) commits an offence if:
> (a) the first person advocates the use of force or violence against a group (the targeted group); and
> (b) the first person does so reckless as to whether force or violence will occur; and
> (c) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion; and
> (d) the use of the force or violence would threaten the peace, order and good government of the Commonwealth.
>
> Penalty: Imprisonment for 10 years.
Subsection (2) is the same offence without the “peace, order and good government” element. Penalty: 7 years.
> (6) In this section: advocate means counsel, promote, encourage or urge.
**Section 80.2B — advocating force or violence against members of groups**
> (1) A person (the first person) commits an offence if:
> (a) the first person advocates the use of force or violence against a person (the targeted person); and
> (b) the first person does so reckless as to whether force or violence will occur; and
> (c) the first person does so because of the first person’s belief that the targeted person is:
> (i) a member of a group (the targeted group); or
> (ii) a close associate of a member of a group (the targeted group); and
> (d) the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
The higher form, which also requires that the force or violence would threaten the peace, order and good government of the Commonwealth, carries 7 years. The lower form carries 5 years. “Advocate” again means counsel, promote, encourage or urge. It does not matter whether the person actually is a member of the group.
Section 80.3 provides a good-faith defence for certain acts done in good faith, including pointing out matters producing ill-will between groups in order to remove that ill-will. Aggravated forms apply to religious or spiritual leaders (section 80.2DA) and where the person advocated to is under 18 (section 80.2DB).
Official text: [Federal Register of Legislation, Criminal Code Act 1995](https://www.legislation.gov.au/C2004A04868/latest/text).
