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Anne Twomey, Professor Emerita in Constitutional Law, University of Sydney

Hate crime laws may have unintended consequences – including chilling free speech

What impact will the criminal hate provisions in the Albanese government’s Combatting Antisemitism, Hate and Extremism Act 2026 have on the ability of ordinary Australians to protest?

An earlier version contained a criminal offence of promoting or inciting racial hatred. The government dropped this part of the legislation after both the Coalition and the Greens opposed it.

However, inciting racial hatred remains relevant to the other key provisions, which permit the banning of “prohibited hate groups”.

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