Queensland's Proposed Hate Speech Laws Face Mounting Opposition
The Institute of Public Affairs, a prominent rightwing thinktank, has urged the Queensland government under Premier David Crisafulli to abandon its proposed hate speech legislation. The laws, introduced as part of a crackdown on antisemitism, are facing criticism from across the political spectrum for being overly vague and threatening free speech principles.
Concerns Over Ministerial Power and Vagueness
Margaret Chambers, a research fellow at the Institute of Public Affairs, has voiced significant concerns about the bill's provisions. She argues that the legislation would grant extraordinary power to a single minister to engage in censorship and criminalise opinions based on subjective standards, without proper judicial oversight.
"These proposed laws are so vague and broad that even phrases used by the no campaign against the voice to parliament, which over two-thirds of Queenslanders supported, could have been outlawed," Chambers stated.
Constitutional scholar Anne Twomey has also criticised the legislative process, noting that the laws are being "unduly rushed" with only a seven-day public comment period that expired recently.
Key Provisions of the Proposed Legislation
Under the proposed laws:
- The state's attorney-general would have authority to ban expressions deemed to regularly incite discrimination, hostility or violence
- Protected groups would be defined by race, religion, sexuality, sex characteristics or gender identity
- Public recitation, distribution or display of proscribed phrases could result in two years imprisonment
- The offence applies if the expression could reasonably be expected to make someone feel menaced, harassed or offended
The government has specifically announced its intention to proscribe two phrases: "from the river to the sea" and "globalise the intifada." Premier Crisafulli has stated that the government will not seek to ban additional phrases, including racist and antisemitic slurs.
Comparative Scope and Government Defence
Twomey has highlighted that Queensland's list of protected groups is much broader than recent commonwealth legislation, which only applied to "race, colour, or national or ethnic origin." She warned that expressions regarding gender transition could potentially fall under the legislation's scope.
Premier Crisafulli has defended the legislation, arguing that "it was the original federal bill that was so broad, and that's the reason why the parliament went into meltdown." He maintains that the Queensland approach strikes a better balance.
Regarding the accelerated timeline, Crisafulli stated: "I was being criticised before Christmas, before New Year, for not doing it quickly enough. We genuinely took the time to get it right." The government spent over a month drafting the legislation before tabling it.
Enforcement and Parliamentary Process
Police Minister Dan Purdie clarified enforcement aspects, stating: "We don't want people at a protest or elsewhere chanting those sort of chants, which do incite hatred." He emphasised that the government supports peaceful protest rights but aims to stamp out hate speech calling for genocide.
The legislation now faces a 17-day inquiry by the parliamentary justice, integrity and community safety committee, concluding on February 27. While the attorney-general's proscribing power could theoretically be overturned by parliamentary vote, Queensland's unicameral parliament is almost always controlled by the governing party.
Chambers has called on the conservative government to abandon what she describes as "a carbon copy" of federal hate laws passed last month with opposition support. She warns that the low threshold could see Queenslanders facing imprisonment for uttering banned phrases that incite hostility, even without proven harm or specific victims.
The proposed legislation also addresses gun reforms developed at national cabinet following last year's Bondi beach terror attack, though these provisions have drawn separate criticism from Labor regarding mental health checks.
