Key Takeaways:
- The Australian government’s proposed hate speech laws aim to make it a criminal offense to incite or promote racial hatred that sparks fears of intimidation, harassment, or safety.
- The laws have sparked division within the Liberal party, with some MPs raising concerns about the impact on freedom of speech and conscience.
- The proposed laws introduce a new federal offense with maximum penalties of up to five years imprisonment for promoting or inciting racial hatred.
- The laws also include a defense for quoting from a religious text for the purpose of teaching or discussion.
- The government is continuing to consult on the legislation, which will be introduced in a special sitting of parliament next week.
Introduction to the Debate
The Australian government’s proposed hate speech laws have sparked a heated debate, with the Liberal party divided over the issue. The laws, which aim to make it a criminal offense to incite or promote racial hatred that sparks fears of intimidation, harassment, or safety, have been met with criticism from some Liberal MPs who argue that they could infringe on freedom of speech and conscience. The proposed laws come in response to a recent terror attack in Bondi and concerns about antisemitism in Australia.
Concerns within the Liberal Party
Liberal backbench MPs, including Garth Hamilton, Ben Small, and Andrew Hastie, have publicly raised concerns about the proposed changes to hate speech laws. Hastie stated that he has "concerns about what this bill will do to freedom of conscience and religion" and is unlikely to support it. Privately, multiple Liberal sources have expressed unease within the party room about the thresholds around the new offense, with one MP saying that the fear "stretches all the way to the front bench." The party is working to arrive at a united position on the issue, with Shadow Home Affairs Minister Jonno Duniam stating that he hopes to achieve a outcome that is "not just united, but the right one for Australia."
The Proposed Laws
The omnibus bill introduces a new federal offense making it illegal to publicly promote or incite racial hatred when the conduct would cause a reasonable person to feel intimidated, harassed, or fear violence. The laws do not require proof that hatred was generated or that anyone felt fear, only that the conduct would cause a reasonable person to be intimidated, to fear harassment or violence, or to fear for their safety. Maximum penalties of up to five years imprisonment apply, with higher sentences available when offenses are aggravated. The laws also include a defense for quoting from a religious text for the purpose of teaching or discussion, which is designed to capture scripture and translations of texts "of central importance" to religious practice.
Scrutiny of the Proposed Laws
Department, federal police, and security officials were grilled on the measures in the draft bill during a snap inquiry by the Parliamentary Joint Committee on Intelligence and Security. Officials were questioned about the thresholds for the new offense and the potential impact on freedom of speech. Attorney-General’s Department Deputy Secretary Sarah Chidgey stated that the bill was not designed to prohibit a list of specific statements, but rather to capture a whole range of circumstances. ASIO chief Mike Burgess also fronted the hearing, where he discussed the proposed listing regime for groups that espouse hatred and the powers of the ASIO head to recommend an organization be proscribed as a hate group.
Consultations and Criticisms
Labor is continuing to consult on the new legislation, which will be introduced in a special sitting of parliament next week. The intelligence and security committee is due to report on the bill by Friday. Executive Council of Australian Jewry co-chief executive Peter Wertheim stated that the draft legislation was overall a "significant step in the right direction," but suffered from "some significant shortcomings which will limit its effectiveness." Wertheim expressed concerns about the offense not capturing the "reckless" promotion of hate and the potential defense of quoting from a religious text for the purpose of teaching. Independent Wentworth MP Allegra Spender has already indicated that she would seek to move an amendment expanding the new offense to ensure that groups such as those based on gender identity, sexual orientation, age, or disability are also protected.
Reactions from Other Parties
Nationals leader David Littleproud accused Prime Minister Anthony Albanese of "petty" politics by lumping the gun reform and hate speech laws into the one omnibus bill. Littleproud stated that the Nationals had strong principles about respecting the rights of both farmers in regional areas and gun owners in capital cities. He rejected the linking of the Bondi attack to gun laws, stating that Australia has an "extreme Islamic ideological problem" rather than a gun problem. A Liberal source stated that they did not believe the party would oppose the gun reforms and questioned how the Nationals could take issue with the measures that were "highly unlikely" to affect law-abiding farmers or recreational shooters.
