The passage of new federal hate speech and “hate group” laws marks a dangerous escalation in the suppression of political dissent in Australia and represents the most serious threat to protest rights in generations.
Rushed through Parliament under the guise of urgency, the legislation enshrines anti-Palestinian racism in our laws. It was passed without proper scrutiny, without due process safeguards, and without genuine consultation with civil liberties organisations, affected communities, or human rights advocates. Despite repeated warnings, Parliament chose speed over scrutiny and fear over democratic principle. This was clearly a deliberate choice.
These laws dramatically expand state power to police speech, association, and protest. Their vague definitions and broad enforcement mechanisms create a chilling environment in which political advocacy – particularly pro-Palestinian organising and opposition to Israel’s genocide and apartheid – is criminalised.
Racism in all its forms must be confronted wherever it occurs. But exploiting tragedy to divide the community, to justify sweeping, ill-defined restrictions on protest and political expression is harmful, counterproductive, and deeply dangerous. Everyone has the right to live free from fear, to gather in community, to speak the truth, and to practise their faith in safety.
— Nasser Mashni, President, Australia Palestine Advocacy Network
“The legislation introduces unprecedented uncertainty around what constitutes a “hate group,” who makes that determination, and how political movements may be targeted under expanded executive discretion. This lack of clarity creates the conditions for selective enforcement, over-policing, and political repression — particularly of Palestinians, Muslims, and those engaged in pro-Palestinian advocacy. And we know that Aboriginal and Torres Strait people are always the first criminalised and punished in this country. To pass this legislation in the week leading up to Invasion Day is to send a clear message about who and what the government is prioritising.”
— Penny Wong, Foreign Minister – ABC Radio
“This legislation is very clear about trying to crack down of those who are seeking to incite criminal behaviour motivated by hatred, it is not legislation which is designed to prevent differences of views and freedom of speech… It’s not designed to prevent political debate… Freedom of expression is important to our country.”
— Dr Jordana Silverstein, Jewish board member, Australia Palestine Advocacy Network
“This legislation is a calculated move by the government to try to stop people speaking and acting on the truth. But we know that everyone, including those of us who are not Palestinian, will not back down in the face of this repression and anti-Palestinian racism. The movement for a free Palestine is one which embraces all people and which sets a political horizon of liberation for all. We keep working towards that vision.”
Under these laws, protesters may face arrest and imprisonment. Advocates risk surveillance and criminal penalties for legitimate political expression. Refugees and visa applicants fleeing genocide may be denied entry based on past criticism of Israeli state violence and their association with organisations which are banned in Australia. These outcomes are not speculative – they mirror developments already seen in the United Kingdom, where anti-genocide protesters have been arrested and jailed under similar legislative frameworks.
Protest is not an aberration in Australia; it is central to our supposed democracy and to truth-telling. From First Nations struggles for land rights to opposition to the Vietnam War and South African apartheid, change has come from people challenging injustice and official narratives. This legislation actively works against that history by entrenching anti-Palestinian racism, fracturing marginalised communities, and criminalising the naming of state violence. Its migration provisions are particularly alarming, as they open the door to denying visas or protection to Palestinians based on political speech and association. In the lead-up to Invasion Day, the failure to address racism against First Nations peoples only sharpens the injustice.
This moment will have lasting consequences for all people. The right to protest was not gifted by Parliament; it was won through struggle and defended across generations. All attempts to erode that right in the name of furthering racism and harm must be resisted.
ENDS