Free Speech Took A Hit

Australia’s new federal hate speech law threatens free expression, echoing the government overreach conservatives fought against under Biden’s regime—now a warning for America under President Trump.

Story Snapshot

Australian Parliament rushed through the Combatting Antisemitism, Hate and Extremism Bill 2026 after the Bondi terrorist attack, criminalizing hate speech federally for the first time.
Coalition MPs raised alarms over free speech, conscience, and religious freedoms, calling parts of the bill “unsalvageable.”
The law introduces prohibited hate groups, visa bans for hate promoters, and new firearms restrictions with gun buybacks.
Racial vilification provisions dropped due to opposition, but strengthened hate speech rules remain, lowering thresholds from “incite” to “promote.”
Experts debate enforcement risks, with high conviction bars but potential to chill dissent on extremism and protests.

Bill Originates from Bondi Attack Urgency

Prime Minister Anthony Albanese recalled Parliament on January 19-20, 2026, to pass the Combatting Antisemitism, Hate and Extremism Bill following the Bondi terrorist attack. The government adopted Special Envoy Jillian Segal’s plan on December 18, 2025, committing to hate speech laws amid rising antisemitism since 2023. Coalition and teal independents demanded a Royal Commission, but Albanese opted for a quicker Richardson review due in April 2026. This omnibus bill bundles hate reforms with migration controls and firearms changes.

Coalition Voices Free Speech Concerns

Opposition Leader Sussan Ley labeled the bill “unsalvageable,” while MPs like Andrew Hastie warned of impacts on conscience and religion. Alex Antic opposed it outright, and Ben Small feared it would stifle criticism of extremism. The Parliamentary Joint Committee on Intelligence and Security held urgent hearings January 13-14, receiving about 100 submissions. Internal Coalition divisions prompted calls for a conscience vote. Government secured Greens support for firearms and crossbench for hate provisions.

Key Provisions Strengthen Penalties

The passed bill creates federal hate crime definitions, prohibits hate groups, and imposes visa restrictions on those spreading hate. It introduces the strongest federal hate speech criminalizations, targeting threats of violence with enhanced penalties for hate preachers. Firearms reforms mandate buybacks from January 1 to December 31, 2026, echoing 1996 Port Arthur changes and December 2023 National Cabinet plans. Racial vilification dropped for lack of support, focusing modifications on violence-linked speech.

Short-term effects include visa refusals for hate spreaders and gun compensation schemes. Long-term, federal scope reshapes protests and media, potentially beyond state laws like NSW’s incitement rules, which saw no prosecutions.

Expert Views Highlight Enforcement Risks

Katherine Gelber from University of Queensland noted the bill balances security but lowers criminal thresholds by using “promote” hatred instead of state-level “incite.” Luke McNamara from UNSW emphasized high conviction requirements—proving intent, impact, and context—limit free speech curbs. UNSW Human Rights called the modified version less controversial, akin to state laws focused on violence threats. Liberty Victoria stressed legislation alone cannot end hate without leadership. Refugee Council supported intent but flagged concerns.

Social impacts may reduce hate incidents but risk chilling dissent, heightening political debates and Coalition rifts. Jewish communities gain antisemitism protections, while minorities and migrants face new enforcement. As President Trump secures U.S. borders against similar threats, Australians watch implementation amid uncertainties, with no state-level prosecutions as precedent.