Draft legislation obtained by Guardian Australia reveals that individuals accused under the Albanese government's new hate speech laws could argue their conduct was legal if they were quoting from a religious text. The bill, which Labor hopes to pass next week, makes it illegal to publicly promote or incite hatred, or disseminate ideas of superiority or hatred based on race, colour, or national or ethnic origin.
However, the draft includes a defence stating that the offence does not apply to conduct consisting solely of directly quoting or referencing a religious text for the purpose of religious teaching or discussion. The government promised to tackle antisemitism and hate speech following the alleged Bondi terror attack in December, with Prime Minister Anthony Albanese expected to speak on the plans on Tuesday.
Parliament will sit on 19 and 20 January to rush through the new laws, which include serious offences for hate preachers, increased penalties for hate crimes, a new racial vilification offence, and provisions for a gun buyback program. The legislation also ensures that offenders driven by extremism will have that motivation factored into sentencing, and strengthens bans on prohibited symbols.
Attorney General Michelle Rowland stated that the laws would be 'the toughest hate laws Australia has ever seen,' specifically targeting those who spread hatred and disrupt social cohesion. Crossbenchers have expressed concerns about limited consultation, while opposition leader Sussan Ley accused the government of playing politics by combining hate speech and gun measures in one bill.
