Australia's new hate‑crime law could chill free speech

The Australian government’s 2026 ‘Combatting Antisemitism, Hate and Extremism Act’ replaces a now‑removed offence of inciting racial hatred with a system that lets ministers ban groups deemed ‘prohibited hate groups’. The regulation requires a minister to be satisfied that a group has committed or is tied to a hate crime, protects ‘part of the community’, and has a risk of political or community violence; it also requires advice from the Australian Security Intelligence Organisation and the attorney‑general. In early 2026, Senator Lidia Thorpe attempted amendments citing the 2025 Federal Court ruling Wertheim v Haddad, but the changes were rejected 43‑12. Critics warn that the law could curb legitimate critiques of governments—particularly criticism of Israel—by treating them as hate speech, thereby stifling protest and political debate.