Censorship laws are never the answer

The Albanese Government’s Combatting Antisemitism, Hate and Extremism Bill 2026 has been presented as a necessary response to recent acts of hatred and violence.

But while these aims seem worthy, the bill is being rushed through with no proper consultation or consideration.

While its stated aim is to address antisemitism and protect Jewish people, the only mention of antisemitism is in the title of the Bill. Instead the proposed law unduly burdens religious liberty and other fundamental freedoms without justification. Like other such laws, this Bill raises serious concerns for freedom of speech and religious liberty in Australia.

At their core, ‘hate speech’ laws are a blunt instrument. As HRLA has consistently warned, they are too often vaguely worded, arbitrarily enforced, and focused on perceived offence rather than intent or real harm. They tend to protect certain groups while leaving others exposed, and they invite the misuse of state power to police ideas rather than conduct. These flaws are not theoretical. They are present in this Bill.

Executive director of ADF International Paul Coleman has observed that hate speech laws shift attention away from whether a statement is true or false and toward how it makes someone feel. In doing so, they inevitably catch religious speech – particularly Christian preaching – which often involves moral claims, calls to repentance, and robust critique of competing belief systems.

Ideas must be fought with better ideas, not censorship, fines, or prison. Once the state begins penalising ideas, even with good intentions, the door is opened to abuse of power.

The current Bill creates new criminal offences for promoting or inciting “hatred” without clearly defining what hatred means. It relies on subjective perceptions, lowers thresholds for criminal liability, and expands executive powers to regulate speech, associations, and symbols. While there is a narrow defence for quoting religious texts, this does not adequately protect teaching, preaching, and debate in a broader context.

HRLA has identified multiple defects, including the risk that legitimate political debate, criticism of nations or ideologies, and mainstream religious teaching could be caught up in its provisions. Once speech is criminalised on such loose grounds, it is inevitably enforced unevenly – and usually against unpopular or unfashionable views.

Hate is never defeated by censorship.

Social cohesion is achieved through open debate, persuasion, and the contest of ideas, not by empowering the state to decide which views are permitted.

If the Albanese Government is serious about responding to the Bondi massacre, it should focus this proposed law at antisemitic acts and violence promoted and committed by Islamist terror groups. Broad hate speech laws that curtail religious expression are not the