The Australian federal government has withdrawn its proposed reforms to hate speech laws in the face of widespread community opposition. Policymakers, advocacy organizations, and residents are making their displeasure known in strong terms. As such, Prime Minister Anthony Albanese’s government is committed to getting these legislative reforms through Parliament. They’re reacting to the dramatic increase in antisemitism since the Bondi terror attack. Yet opposition from The Greens and from the Coalition opposition adds hurdles to the government’s plan.
The laws as proposed intend to create a new criminal offense. This new offense would criminalize inciting hatred against a person because of their race, color, or national or ethnic origin. Specifically, the statute carves out a religious exemption for quoting verbatim from the religious texts in the context of instruction and discussion. Some Australian Jewish organizations lavish praise on the reforms. At the same time, advocates and journalists alike are raising alarms about the hurried process and other damaging elements of the proposals.
Diverging Opinions Within Parliament
Anne Twomey, a legal expert, emphasized that laws surrounding hate speech should apply equally to all individuals, rather than singling out specific groups.
“If they’re going to restrict people’s rights of freedom of speech they need to do so across the board in relation to everybody. And trying to get the balance right is very, very difficult,” – Anne Twomey
Twomey expressed concern that just identifying hate groups or ideologies would be insufficient to produce actionable and beneficial legislation.
“Just naming things doesn’t actually cause results in terms of laws; you need to know what are the laws that have an effect in relation to those names,” – Anne Twomey
Senior opposition Coalition member Sussan Ley and others sharply condemned the government’s proposed laws. She subsequently marked them “unsalvageable” only three days after seeing the draft bill! She made the case that unless the problem is clearly defined, we can’t figure out the right strategies to solve it.
“If the prime minister can’t name the problem he can’t tackle it,” – Sussan Ley
Ley’s criticisms are especially rich, given that the Coalition is currently demanding Labor return parliament to address this issue. Indeed, they have all vowed to address the urgent issues related to antisemitism after the Bondi attack.
Concerns from The Greens and Independent Voices
David Shoebridge, speaking on behalf of The Greens, outlined several major issues with aspects of the bill. He warned against making the Home Affairs Minister increasingly powerful. This includes the power to revoke visas on the basis of hate speech claims. In addition to those concerns, Shoebridge criticized the new regime’s purpose of allowing authorities to designate “hate” groups.
“The Greens are approaching this legislation from a starting point which is everybody needs to have equal protection,” – David Shoebridge
Shoebridge stressed that the hateful ideologies causing harm to the Jewish community are harming all marginalized groups, including people of color and the LGBTQIA+ community. Women and the LGBTIQ+ community are in danger as well.
The Greens are staunchly against Labor’s hate laws in their current form. They highlight the importance of the reforms, not only to protect all minorities but to support legitimate protests.
Jewish Community’s Mixed Reactions
While many Australian Jewish organizations have endorsed the government’s proposed racial hatred laws, some have expressed reservations about their implementation. Two big concerns are the potential urgency of these reforms and their impact on freedom of speech. In recent days, many leaders within the Jewish community have called for reasoned deliberation around these measures.
“They need to be thought through a little bit more carefully,” – Anne Twomey
First, folks are concerned about the religious text quoting exemption. This concern has understandably led to much discussion of how this rule might be misused or misinterpreted.
Despite these concerns, some voices within the Jewish community advocate for compromise, stating that both sides need to “give a little ground” for the greater good of societal harmony.
In response to recent criticisms, Prime Minister Alabanese vigorously defended his government. He was particularly keen to highlight their positive engagement with The Greens as well as independent voices like Allegra Spender. He made it clear that he was open to significant amendments and critical feedback on the legislation.
“What we have done is worked through these issues in an orderly way, in a consultative way. We have released draft legislation in good faith,” – Government representative
As the government prepares to push this legislation through next week, all sides are pressing hard. Opposition parties are good and ready to take a close look at every provision of the rulemaking legislation. In the meantime, community leaders are urging decision-makers to take a broader approach.
