‘Toughest ever’ hate speech laws pass in Canberra
'The overwhelming vote in our national parliament sends a clear and unambiguous message that antisemitic acts are criminal acts and will not be tolerated'
The passage of new legislation strengthening Australia’s hate speech laws on Thursday afternoon “is a direct response to the shocking rise in antisemitism over the past year”, Attorney-General Mark Dreyfus told The AJN on Thursday.
The Criminal Code Amendment (Hate Crimes) Bill 2024 creates new criminal offences and makes clear that advocating or threatening the use of force and violence is unacceptable and will be subject to serious criminal penalties.
The passage of the legislation follows the government agreeing on Wednesday to introduce mandatory minimum sentences for perpetrators of terrorism offences and displaying hate symbols.
The Bill targets the most serious forms of harmful hate speech, namely advocating and threatening the use of force or violence against a group or member of a group or against a place of worship. It is aimed at protecting groups, or members of groups, distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.
Dreyfus told The AJN the legislation “delivers the toughest laws Australia has ever had against hate crimes”.
“This bill is a direct response to the shocking rise in antisemitism over the past year on our streets, at our schools and in our communities,” he said.
“No government has done more to combat the abhorrent and shocking rise in antisemitism than this government. The Hate Crimes bill follows our landmark laws which criminalised the public display of Nazi and terrorist organisation symbols, the Nazi salute and doxxing.
“The overwhelming vote in our national parliament sends a clear and unambiguous message that antisemitic acts are criminal acts and will not be tolerated.”
Welcoming the legislation, Executive Council of Australian Jewry (ECAJ) co-CEO Peter Wertheim said the bipartisanship on the issue “sends a powerful and much-needed message of zero tolerance to potential perpetrators of these offences”.
“We have seen too many examples of such behaviour going unpunished, such as the disgraceful antisemitic threats and hatred that featured at the Sydney Opera House steps on October 9, 2023. No one was even charged, let alone convicted,” Wertheim said.
“More recently there have been similar instances of such behaviour in Sydney, Melbourne and Perth where perpetrators have been convicted and given only a token fine. That is also unacceptable because perpetrators come to regard such fines as merely the cost of ‘doing business’ and not as a real deterrent.
“If there is to be any hope of stamping out this hateful behaviour and the appalling antisemitic violence it has spawned in recent times, prison sentences and fines are called for.”
The Zionist Federation of Australia (ZFA) called the legislation “a necessary step”.
“For too long, those who incite hate and violence—whether by brandishing Nazi symbols, glorifying terror, or funding extremism—have faced little consequence. This legislation changes that. It sends a powerful message: if you promote hate in Australia, you will be held accountable,” ZFA President Jeremy Leibler said.
ZFA CEO Alon Cassuto added, “Stronger laws matter—but they are only part of the solution. Legislation can punish offenders, but only education, leadership, and a strong community response can prevent hate from taking root in the first place. The ZFA will continue working with government, civil society, and community leaders to ensure that these laws are enforced and that Australia remains a country where everyone—Jewish or otherwise—can feel safe and proud of who they are.”
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