Australia’s new “hate speech” laws have now been implemented. Already a guy has been arrested for “hate speech” at a protest rally. How can we know what is now “hate speech” when potentially anything might cause someone to fear or feel intimidated? I don’t understand what I can say or write on this blog. I am no lawyers but even lawyers say that they don’t understand what can or cannot be said under the new legislation.
The highest law officer in the land, the Attorney-General, has said that protests and criticism of foreign governments, including Israel, can continue as long as they don’t cause someone to fear or feel intimidated. That’s reassuring.
To give her perspective on this below I quote journalist Mary Kostakidis who is currently being sued in a civil action for her free speech against the genocide in Gaza. She has skin in the game.
Mary Kostakidis @MaryKostakidis wrote on X.com (my emphases in bold):
If you’re interested in what you can now say without going to jail for 5, 10, or 15 years in Australia under opaque, tyrannical new laws, here is a little more insight into them.
The SMH reports today that @MRowlandMP & @Tony_Burke wrote to Imams to reassure them that the new laws wont silence criticisms of foreign governments.
Here is what is revealed by her comments about how the law is intended to operate in my view, with a link to article below, as well as the legislation 🧵
‘Attorney-General Michelle Rowland has advised the Australian National Imams Council, the leading body representing Muslim religious leaders, that new hate laws will not prevent criticism of foreign countries or political ideologies despite concerns the laws could silence debate.
In a letter seen exclusively by this masthead and co-signed by Home Affairs Minister Tony Burke, Rowland told ANIC president Imam Shadi Alsuleiman that the legislation would not “prevent legitimate, non-violent criticism of the actions of a foreign country or of particular political ideologies”….
Rowland clarified in the letter that the new legislation did not “expand criminal offences for hate speech”, but had only increased penalties and incorporated “aggravating factors for particularly egregious and insidious forms of hate crime offending”.
“Crucially, those existing offences apply only where a person advocates or threatens force or violence against a group, members of a group, or their property or places of worship,” she wrote…
The Imams’ specific concern was whether the new measures would criminalise criticisms of Israel or Zionism.’
The problem arises with the test of whether your criticism makes you a criminal: whether your criticism of Israel, Israel’s actions or Zionism may cause a reasonable person to feel fear or feel intimidated.
So if someone alleges they are intimidated or fear for their safety because of your criticism, you’re pretty much toast.
Furthermore, the context of your criticism would be taken into account: perhaps you criticise Israel too much, more frequently than is ‘reasonable’.
Alsuleiman, had written to the AG representing Imams.
‘He wrote that at a meeting on January 15, staff from the Attorney-General’s Department and the Department of Home Affairs advised him that “criticism of Israel as a state, including political criticism of Zionism as a political ideology, would not in itself constitute hate speech under the proposed framework”.
A representative of the Imams Council said the response from the government did not do enough to address their concerns, adding that they believed the laws could be “weaponised”.’
Of course, because the crib sheet of responses are a circular argument: ‘not in itself’ means you can criticise, yes. But if someone feels threatened by your criticism, you may have a major problem. Like going to jail.
You may be toast if the decision maker believes a reasonable person would be offended even if no one has actually said so.
‘“The lack of precise legislative boundaries and the broad language employed leave open the real possibility of overreach, especially in charged political contexts,” the spokesperson said.’
You bet. (Cont)
Among other advice, Prof Luke McNamara, an expert in law addressing racism, told the SMH
‘“It’s right to be concerned that the media, or some portions of the media, that engage these new laws, deploy them for their own purposes, which may not produce prosecutions … but they can certainly contribute to demonisation of particular communities.”’
I’d add individuals. The MSM – not necessarily the Murdoch press – will be happy to maule you to assist in your denouncement as an antisemite (as this same masthead did to Randa Abdel Fattah and myself), but yes, the Muslim community is targeted virtually daily in the Murdoch press.
‘A spokesperson for Rowland said the new laws “do not affect lawful advocacy, protest or dissent”.’
As long as no one says their feelings are disturbed. Because then you can be deemed to be spreading ‘hatred’ ‘radicalising’ people and ‘disrupting social cohesion’.
But the AG’s spokesperson explains groups have no need to worry no need to worry because ‘“Criticism of a foreign country or of that country’s government is not sufficient to meet the thresholds for listing.”’. And this discussion can go on in a circular fashion forever, because if someone feels threatened, that is a problem. If someone claims the criticism is inciting extremists or people with a mental illness who might then take action, that is a problem.
What I think has been achieved in fact is the criminalisation of 18c – criminal penalties if someone claims you have hurt their feelings, but it is far worse because of the other provisions in this law – a reversal of the onus of proof, the fact the person doesn’t even have to exist (note the wording of the law in this regard is a reasonable person ‘would be’ not is), the extraordinary power it bestows on whoever happens to be in the position of a couple of office holder politicians, with an opinion from the spy chief, and no procedural fairness.
Does this law even make clear to us what we can and cannot say? Lawyers are still trying to work it out.
Rife for a High Court challenge.
Suggest you all read the Legislation. Link below also.Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 Click this link.
I don’t think anyone really knows what the ramifications of the “hurt feelings” test are. This will ultimately have to go to the High Court of Australia, … sooner or later. But as I have written previously, it has had a “chilling effect” on free speech in this country.
Related Reading
- Impact of Australia’s Anti-Free Speech Law on Public Discourse
- Australian Totalitarian “Hate Speech” Law | Criticism of Israel is Now Illegal
- The Dangers of Australia’s New “Hate Speech” Legislation
- Why Australia’s New “Hate Speech” Bill Threatens Our National Security
- Australia | The Day Free Speech Dies
- AntiZionism Is Not AntiSemitism!
- Australian Federal Judge | Criticism of the State of Israel is not Antisemitism
- We’re Back in the USSR
The Good News – the Gospel
- Do You Know Him?
- The Salvific Power of Christ
- How Do You Know You Are Saved?
- Can You Do Anything To Be Saved?
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