Australia’s federal government is facing mounting criticism over a proposed hate-speech crackdown that opponents warn could dramatically curtail free expression while granting sweeping new powers to the state.
The Combating Antisemitism, Hate and Extremism Bill 2026, introduced this month by the Labor government of Anthony Albanese, would create new federal offences for “publicly promoting or inciting hatred,” with penalties of up to 15 years in prison. The bill covers speech, writing, and “other forms of public gestures,” raising concerns that lawful political, religious, or cultural expression could fall within its scope.
Under the proposed framework, courts would apply a “reasonable person” test focused on perceived impact rather than intent. Prosecutors would not need to show that anyone was directly harmed or intimidated, a shift civil-liberties advocates say lowers the threshold for criminalising speech and invites selective enforcement.
Attorney-General Michelle Rowland has described the legislation as the toughest hate-speech regime in the country’s history, arguing it is necessary to protect social cohesion. The bill also expands migration and security powers, allowing visas to be refused or cancelled on the grounds of alleged “risk of harm” linked to hate speech, and gives intelligence agencies greater authority to review firearms licences.
Criticism has come not only from free-speech advocates but also from community groups. The Jewish Council of Australia urged the government to pause the bill, warning that rushed criminal laws risk undermining human rights while failing to address racism effectively. The council also highlighted legal inconsistencies, including exemptions for religious quotations that could shield extremist rhetoric while leaving broader public debate exposed to prosecution.
As parliament prepares to debate the bill, critics argue that combating hatred should not come at the expense of fundamental freedoms, warning that vague definitions and heavy penalties could chill legitimate dissent across Australian society.
