New hate speech laws must balance free speech and protection

Two people debating hate speech, free speech.

RMIT University Media Release

Parliament has been recalled early to debate the Labor government’s new hate speech bill. An RMIT expert says questions remain about how to protect communities without limiting free speech, and explains why careful enforcement and broader protections are critical.

Dr Nicole Shackleton, Coordinator of the Technology, Law and Society Research Group says:

“The release of the exposure draft for the Combatting Antisemitism, Hate and Extremism Bill 2026 is a strong symbolic measure against hate crimes in Australia – particularly those based on race, religion, or national or ethnic origin.

“It is significant that some of these changes will apply to other protected groups in section 80 of the Commonwealth Criminal Code – meaning that, for example, women and LGBTQIA+ communities will have more protection against spiritual leaders that preach gendered hate speech.

“However, it is important that we carefully strike a balance between freedom of speech, protest and debate, and the significant harms caused by extremist hate speech.

“This not only requires careful consideration of the Bill by parliament but also plans for enforcement to ensure that the laws are applied when intended, against those advocating hate and extremism and not against the very communities they are designed to protect.

“Continued consideration should be given to the new offences introduced, which are limited to criminal responses and focus only on racial vilification. While a welcome step, research consistently demonstrates that hate speech targets a significant number of historically marginalised communities who also deserve to be protected by law.”

Dr Nicole Shackleton is a lecturer in the School of Law at RMIT University with expertise in gender and technology. She has specific interest in the regulation of technology to prevent gendered abuse.


Keep Independent Journalism Alive – Support The AIMN

Dear Reader,

Since 2013, The Australian Independent Media Network has been a fearless voice for truth, giving public interest journalists a platform to hold power to account. From expert analysis on national and global events to uncovering issues that matter to you, we’re here because of your support.

Running an independent site isn’t cheap, and rising costs mean we need you now more than ever. Your donation – big or small – keeps our servers humming, our writers digging, and our stories free for all.

Join our community of truth-seekers. Donate via PayPal or credit card via the button below, or bank transfer [BSB: 062500; A/c no: 10495969] and help us keep shining a light.

With gratitude, The AIMN Team

Donate Button

6 Comments

  1. Imagine there’s no heaven
    It’s easy if you try
    No hell below us
    Above us only sky

    Imagine all the people
    Living for today, ah

    Imagine there’s no countries
    It isn’t hard to do
    Nothing to kill or die for
    And no religion too

    Imagine all the people
    Living life in peace

    You may say I’m a dreamer
    But I’m not the only one
    I hope someday you’ll join us
    And the world will be as one

    Imagine no possessions
    I wonder if you can
    No need for greed or hunger
    A brotherhood of man

    Imagine all the people
    Sharing all the world

    You may say I’m a dreamer
    But I’m not the only one
    I hope someday you’ll join us
    And the world will live as one.

    If only!

  2. Symptom of centrist government reflexive to reactionary RWNJ media, think tanks and influencers shouting freedom of speech, then poll low info voters and wedge centre; rinse and repeat, szalami tactics slice by slice…..

    Who influence the media apart from the obvious? There is a newish NGO in Melbourne, FSU Free Speech Union of Toby Young who was an associate editor at Quillette (alleged offshore that Thiel was involved?), Daily Sceptic (Koch support?) to deny climate & Covid science, earlier via a UCL event attended by Young, a whiff of eugenics (Guardian)

    More long term political, albeit Orwellian, strategy for faux ‘freedom of speech’ by reserving free speech for right wing elites in 0.1%.

  3. I see plenty of criticism of the Liberals for inconsistency and politicisation of the proposed legislative changes.
    I support the changes, and tighter regulation of protests.
    In the current highly charged and volatile environment, the government should press for all parties (in Australia) taking a deep breath and stepping back.
    The choice is supporting responsible changes by the government in a complex and fraught environment, or siding with the opportunistic coalition.

  4. This hastily prepared and highly technical Bill dealing with hate speech cannot go through both Houses as scheduled, next Monday/Tuesday and because of its complexity will, in my view, have to go to a committee to review and ensure that it meets our needs, which at the present time it doesn’t.

    You have botched this one, Albo, and whilst I rarely side with the coalition on anything, on this they and the Greens are spot on.

    https://www.ag.gov.au/crime/publications/combatting-antisemitism-hate-and-extremism-bill-2026

  5. Perhaps considering the UN Declaration of Human Rights to be law could be a good starting point.

    Remembering that that declaration was written in large part as a response to the holocaust.

  6. Terry M, it is not about censoring anything real, just criticism of a specific issue- the mess in Gaza.

Leave a Reply

Your email address will not be published.


*