Sat,18th, July 2026: Reuben Kirkham Co-founder, Free Speech Union of Australia

The debate around free speech is once again making headlines after videos targeting Aboriginal, Indian
Australian and transgender people prompted complaints and widespread criticism. To unpack where the lines
are drawn between comedy, discrimination and vilification, we're joined by Reuben Kirkham from the Free
Speech Union of Australia.

Australia has no absolute constitutional right to free speech. Instead, freedom of political communication is
recognised as an implied constitutional freedom, while speech is also regulated through Commonwealth, state
and territory laws covering areas such as defamation, incitement, harassment and anti-vilification.

Victoria strengthened its anti-vilification laws with the Anti-Vilification and Social Cohesion Act 2024, which
broadens protections against serious vilification on the basis of protected attributes, including gender identity
and sexual orientation. The Act creates both civil and criminal pathways for particularly serious conduct,
although criminal offences require a high threshold and generally involve intentional or reckless conduct likely
to incite hatred, serious contempt, revulsion or severe ridicule.

The Free Speech Union of Australia advocates for broad protections for lawful expression and has often argued
that offensive speech should generally be answered through public debate rather than legal sanction.

 

 

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