Hate Crime Laws Can Chill Free Speech
What impact will the criminal hate provisions in the Albanese government’sCombatting Antisemitism, Hate and Extremism Act 2026have on the ability of ordinary Australians to protest?
An earlier version contained a criminal offence of promoting or inciting racial hatred. The government dropped this part of the legislation after both the Coalition and the Greens opposed it.
However, inciting racial hatred remains relevant to the other key provisions, which permit the banning of “prohibited hate groups”. A group can be prohibited under the new law if the governor-general makes a regulation prohibiting it. The governor-general acts on the advice of the minister for the Australian Federal Police.