Government plans to strengthen hate speech laws following recent violence

Home Affairs Minister Tony Burke announced that new hate speech legislation will be crafted to the constitutional limits, aiming to address what he described as “completely dehumanising” rhetoric used by self-identified “hate preachers.” While Burke expressed his disgust at the protesters chanting “globalise the intifada,” he refrained from confirming whether this specific phrase would be prohibited under the proposed laws, which are being expedited in response to the Bondi Beach massacre.

These remarks came as independent MP Allegra Spender, representing the Bondi Beach electorate, urged the government to expand the scope of the hate speech legislation to include the vilification of various minorities, particularly LGBTQ+ individuals.

The federal government recently unveiled a five-step strategy to enhance hate speech laws aimed at combating antisemitism following a tragic incident where Sajid Akram and his son Naveed allegedly killed 15 people and injured many more during a Hanukkah celebration. As reported by The Guardian, Prime Minister Anthony Albanese later indicated that new evidence suggests that the terrorist attack, the deadliest in Australia’s history, may have been inspired by Islamic State ideologies.

Several initiatives were announced to specifically target “hate preachers,” including a new aggravated hate speech offence for those who promote violence and the establishment of a framework to identify organizations whose leaders engage in hate speech that incites violence or racial hatred. Burke noted that some preachers have utilized language that is “totally dehumanising” but often escaped repercussions since their rhetoric did not explicitly call for physical violence.

While the government aims to reduce the threshold for identifying hate speech, Burke did not clarify if chanting “globalise the intifada” would fall under this classification. New South Wales Treasurer Daniel Mookhey stated that this slogan—synonymous with Palestinian resistance against Israel—exemplifies hate speech. It has appeared at various protests in Australia, although chants supporting “free Palestine” are more prevalent.

“What I can’t do is specify which phrases will be included or excluded,” Burke stated in an interview with ABC radio when questioned about the specifics of hate speech classification. “We will lower the threshold as far as the constitution allows us. This will represent a significant advancement in making hate speech illegal throughout Australia.”

Although the constitution does not explicitly safeguard freedom of speech, the High Court has recognized an implied right to political communication. Existing state laws already prohibit serious vilification based on race or religion, and there is a federal civil penalty under the Race Discrimination Act for acts of vilification.

The government has yet to identify specific organizations that may be targeted under the new hate speech regime, although groups like the Islamic political organization Hizb ut-Tahrir and the neo-Nazi group National Socialist Network could be potential candidates.

Luke Beck, a professor of constitutional law at Monash University, explained that such legislation typically does not include specific phrases but rather provides definitions for courts to interpret. “Legislation generally centers on concepts, such as promoting hatred or severe ridicule based on race, allowing courts to assess whether those conditions apply in each context,” he commented.

Additionally, the government plans to criminalize “serious vilification” based on race, along with advocating for racial supremacy. Spender called for an expansion of the “narrow” offence to include protections against vilification of other minorities, including the LGBTQ+ community.

“No community should ever be subjected to harm or hatred, and we cannot allow hostility to spread against any part of our society,” she remarked to Guardian Australia. “It’s crucial that protections extend beyond religion and race to include the LGBTQ+ community, especially given the rise in neo-Nazi rhetoric targeting transgender individuals.”

Spender had previously advocated for broad anti-vilification provisions to be incorporated into hate crimes legislation approved by Parliament in February, but this was removed from the original draft following objections from certain religious groups. The laws, which the government is looking to strengthen within a year, established a new offence for threatening force or violence against individuals based on religion, sex, sexual orientation, gender identity, disability, nationality, national or ethnic origin, or political opinion.