The Australian government's proposed crackdown on hate speech will include a specific legal defence for individuals who quote directly from religious texts, according to draft legislation obtained by Guardian Australia.
Details of the Proposed Legal Defence
The draft bill, which the Albanese government hopes to pass next week, makes it illegal to publicly promote or incite hatred based on race, colour, or national or ethnic origin. However, a clause within the draft states that the offence does not apply to conduct that consists only of directly quoting from, or otherwise referencing, a religious text for the purpose of religious teaching or discussion.
Prime Minister Anthony Albanese confirmed that parliament will be recalled for an extraordinary sitting on 19 and 20 January to rush through the new laws, which were promised following the alleged Bondi terror attack in December. The sitting will also include condolence motions for the 15 people killed.
Sweeping New Powers and Offences
The omnibus legislation encompasses a wide range of measures aimed at combating extremism. Key elements include:
- Creating serious offences for so-called "hate preachers".
- Increasing penalties for hate crimes and introducing a new racial vilification offence.
- Establishing a new, lower-threshold listing for prohibited hate groups.
- Introducing provisions for the largest gun buyback program since the Port Arthur massacre.
- Ensuring extremist motivation is factored into sentencing.
- Granting the home affairs minister new powers to cancel or refuse visas.
Attorney General Michelle Rowland described the proposed laws as "the toughest hate laws Australia has ever seen", designed to target those who spread hatred and disrupt social cohesion.
Political Scrutiny and Opposition Concerns
The government's approach has already drawn criticism and scepticism. Opposition Leader Sussan Ley accused the government of playing politics by combining the hate speech measures with the gun buyback in a single bill, arguing that issues of speech are "clearly separate" from firearms management.
Prime Minister Albanese defended the combined approach, stating, "The terrorists at Bondi beach had hatred in their minds, but guns in their hands. This law will deal with both."
Crossbench MPs are due to be briefed on the legislation, with some expressing private concerns that the major parties will use the secretive intelligence and security committee to limit genuine consultation. Neither the Coalition nor the Greens have yet committed to supporting the bill's passage through the Senate.
