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Government Under Fire for Proposed Free Speech Reforms

Government Under Fire for Proposed Free Speech Reforms

Key Takeaways

Introduction to the Debate

The Coalition is gearing up to try to block anti-vilification laws in response to the Bondi massacre, as Labor prepares to speed the bill through parliament next week with the support of the Greens. The opposition has expressed serious reservations about the rushed nature of the bill, citing a lack of adequate explanation from bureaucrats on the scope of the bill during this week’s parliamentary inquiry. Coalition leader Sussan Ley convened a meeting of her most senior MPs on Wednesday, where she expressed her concerns about the bill and the potential impact it could have on free speech.

Concerns Over Free Speech

Senior Liberal MPs have started contacting Jewish community leaders to explain their rationale for opposing the hate speech and extremism crackdown, which many Liberal and National MPs believe goes too far in limiting expression to protect minorities such as Jewish Australians. Ley had repeatedly called for Labor to return to parliament before Christmas to pass emergency laws, and some of her colleagues are worried that the opposition would appear hypocritical and unconstructive if it rejected Labor’s emergency legislation. A groundswell of MPs from the moderate and conservative wings privately fear that the attempt to outlaw promotion of hatred is too broad and will have a chilling effect on public debate.

Liberal MPs Express Concerns

Liberal MP Tim Wilson, a former human rights commissioner, expressed concerns about the racial vilification laws and suggested amendments to ensure the laws did not capture reasonable debate on cultures or religions. He argued that the bill’s threshold for promoting hate was too low and that the lack of exemptions for good-faith public discussion was a major concern. Fellow Liberal Andrew Hastie announced that he would vote against the bill, arguing that it impinged freedom of expression and religion. Hastie claimed that Prime Minister Anthony Albanese had shown contempt for parliamentary scrutiny by rushing the bill into parliament.

Coalition’s Next Steps

Top Liberal MPs, speaking on the condition of anonymity, said they would spend the next few days working on amendments to the bill ahead of an emergency two-day parliamentary session next week. However, they acknowledged that amendments would probably not be accepted by Labor and may not be sufficient to address free speech doubts, making it increasingly likely that the Coalition would vote against the bill and leave the government to work with the Greens. Coalition MPs with concerns include Victorian James Paterson, a free speech advocate earlier in his career; frontbenchers Angus Taylor and Jonno Duniam; and right-wingers Michaelia Cash, Ben Small, and Garth Hamilton.

Labor’s Position

On the Labor side, a senior government source said Prime Minister Anthony Albanese was happy to work with the Greens to pass the bill. The government argues that the change is needed to take in Islamic hate preachers and to address the growing concern of antisemitism. However, the Nationals reject some proposed sections of the bill restricting gun ownership, even though farmers are exempted from many of the limitations. Nationals Senate leader Bridget McKenzie said the government had crafted its bill as a distraction from its failure to tackle antisemitism and the gun reforms in particular were designed to appease Muslim constituents in western Sydney.

Expert Opinions

The free speech concerns were not shared by hawkish former Home Affairs Department secretary Mike Pezzulo, who said the hate speech laws probably should have been brought in after a group of men chanted antisemitic language outside the Opera House the day after Hamas’ October 7 attacks. Pezzulo argued that the bill was a necessary step to address the growing concern of hate speech and extremism. Labor senator Raf Ciccone, who is chairing the inquiry into the bill, said the Coalition was unable to form a coherent response to the proposed legislation because of its internal divisions.

Conclusion

The debate over the anti-vilification laws has sparked a heated discussion over free speech and the balance between protecting minorities and preserving the right to express oneself. While the Coalition has expressed concerns over the bill, Labor is pushing forward with the support of the Greens. The outcome of the vote is still uncertain, but one thing is clear: the debate over free speech and hate speech is far from over.

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