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Advocating Genocide

Advocating genocides an offence under section 80.2D of the Criminal Code Act 1995 (Cth) which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You advocated genocide, and
  2. You were reckless as to whether another person would engage in genocide as a result of your conduct.

To ‘advocate’ is to counsel, promote, encourage or urge.

Offences of ‘genocide’ are contained in section 268 of the Act, and include:

  1. Targeted killings of members of particular national, ethnical, racial or religious groups
  2. Causing serious bodily harm to members of such groups
  3. Inflicting conditions to bring about the physical destruction of such groups
  4. Imposing measures intended to prevent births by members of such groups, and
  5. Forcibly transferring children of such groups.

You may be guilty of advocating genocide even if genocide did not result from your conduct.

You are not guilty if your conduct was in ‘good faith’, which includes:

  1. Pointing out matters that produce, or have a tendency to produce, feelings of ill-will or hostility between different groups in order to bring about the removal of those matters, or
  2. Publishing a report or commentary about a matter of public interest.

The onus is on you to establish that defence ‘on the balance of probabilities’.

Other defences include:

  1. Self-defence
  2. Duress, and
  3. Necessity.

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