Australia’s government is set to implement stringent new hate speech laws that could allow individuals to use religious texts as a legal defense against allegations of promoting hate. Draft legislation obtained by Guardian Australia reveals that it will be illegal to publicly incite hatred or disseminate ideas of superiority based on race, color, or national or ethnic origin. However, the draft includes a provision stating that the law does not apply to individuals quoting directly from a religious text for purposes of teaching or discussion.
The proposed legislation, a response to growing concerns over hate speech and antisemitism following the alleged terror attack in Bondi in December, aims to crack down on so-called “hate preachers.” Prime Minister Anthony Albanese is expected to elaborate on these plans on the morning of January 20, 2024. The parliament is scheduled to convene for two days, January 19 and 20, to expedite the passage of these new laws, which were initially slated for discussion on February 3.
The new framework will establish serious offenses for hate speech, elevate penalties for hate crimes, and introduce a new racial vilification offense. It will also create a listing for prohibited hate groups that operates under a lower threshold than the existing terror group designation. Furthermore, the legislation aims to implement the largest gun buyback program since the Port Arthur massacre in 1996.
Key Features of the New Legislation
Under the new laws, individuals motivated by extremism will see their motivations considered during sentencing. Existing bans on prohibited symbols will be strengthened, and a new offense for inciting hatred with the intent to intimidate or harass will be established. The Home Affairs Minister will be granted new powers to cancel or refuse visas based on these offenses.
Labor’s Attorney General Michelle Rowland described the legislation as “the toughest hate laws Australia has ever seen,” emphasizing its role in targeting those who disrupt social cohesion. She stated, “It will send a clear message that this conduct will not be tolerated.”
Crossbench members of parliament are set to receive briefings on the proposed laws, although some have voiced concerns that the major parties will limit genuine consultation. The opposition leader, Sussan Ley, criticized the government’s decision to combine hate speech regulation with gun control measures in a single bill, arguing that these issues should be addressed separately.
Albanese defended the omnibus approach, stating, “The terrorists at Bondi beach had hatred in their minds, but guns in their hands. This law will deal with both.” He aims to push for the bill’s passage before question time on January 20, although it remains unclear whether the Coalition or the Greens will support the legislation in the Senate.
As Australia grapples with the implications of these new laws, the balance between protecting freedom of expression and combating hate speech presents a complex challenge for lawmakers and society at large.
