The Times Australia
The Times World News

.

The government is drafting anti-hate speech laws. Here are 4 things they should include

  • Written by Dr Nicole Shackleton, Lecturer, Graduate School of Business and Law, RMIT University
The government is drafting anti-hate speech laws. Here are 4 things they should include

In May, the federal government confirmed it’s working on new laws[1] to prohibit hate speech, sometimes called vilification, based on sex, gender, sexuality, race or religion.

Many have welcomed the plan[2] to introduce stronger laws as needed to tackle hate speech against Jewish, Palestinian and Muslim communities in the wake of growing[3] antisemitism and Islamophobia in Australia.

Many people agree freedom of speech has its limits and the law has some role to play in prohibiting harmful speech. But what should these laws look like? Here are four things that should be addressed in the legislation.

1. Protection for specific attributes

Generally, hate speech can be seen as harmful speech or behaviour that attacks a person or a community simply because of who they are. People are targeted because of unchangeable characteristics such as their gender or sex, their sexuality, their race or religion, or whether they have a disability or HIV. Research[4] by the eSafety Commissioner has found hate speech based on these characteristics is growing, particularly online.

Hate speech doesn’t occur in isolation. It’s connected to societal and political treatment of marginalised communities. As hate speech increases, so does discrimination and violence against vulnerable groups.

For example, my research[5] established women are often targeted by hate speech. One participant spoke about receiving messages describing sexually assaulting her in graphic detail. Gendered hate speech, like this example, is used to harass women and silence their voices[6] in public spaces. Hate speech against women is also known to contribute to violence against women[7].

This is why new laws need to prohibit hate speech against many different attributes and not just focus on one community.

A man in a suit strokes his chin
Attorney-General Mark Dreyfus is drafting anti-hate speech laws. Mick Tsikas/AAP[8]

2. Protection for multiple risk factors

When someone uses hate speech to abuse a person or a group of people, often they are not only attacking them because of one characteristic, but because they cross over multiple characteristics. This is known as “intersectionality[9]”, a concept first created by Professor Kimberlé Crenshaw. It argues people who have multiple attributes often experience discrimination and violence more often and more severely.

These experiences extend to hate speech. The eSafety Commissioner has found[10] LGBTIQ+ or First Nations people experienced online hate speech at double the national average. LGBTIQ+ women are significantly more likely than heterosexual cisgender women to experience online gender and sexuality-based harassment. Women of colour are also more likely[11] to be targeted by anonymous users online.

In my research, a participant spoke about her experiences of hate speech as a Muslim woman:

I happen to be brown and Muslim. So, a minority within a minority within a minority […] Sometimes it’s really difficult to extract the gendered side of it from the other dimensions of it, the racist, xenophobic side […] they are intertwined. Like when I get told, “Get back in the kitchen and make me a ham sandwich”.

This is why the law needs to prohibit hate speech that occurs because of “one or more” protected attributes.

3. Criminal and civil penalties

The federal government’s announcement indicates new laws prohibiting hate speech will include criminal – not civil – penalties. These new laws would only target deliberate acts that seek to incite violence or cause harm. New criminal laws will send a strong message to the community that hate speech is unacceptable.

However, the track record for prosecution of criminal hate speech laws is not strong. In Victoria it took almost two decades[12] before anyone was prosecuted for serious vilification under the Racial and Religious Tolerance Act.

Changes to current sedition laws in the Commonwealth criminal code, which is a possibility suggested by some commentators[13], are also unlikely to lead to better results for communities targeted by hate speech. Rather, such changes are more likely to confuse the issue as these laws were originally introduced to target terrorism.

To make sure hate speech laws are effective, civil penalties are also needed. Civil laws exist at a federal level prohibiting race-based hate speech and these laws allow for victims to make complaints and engage in mediation. These laws are “harm-based”, meaning they capture conduct that causes harm to the victim, rather than criminal laws which are focused on incitement of violence. These laws also take into account the perspective of the target when considering whether material or behaviour amounts to hate speech.

New laws to prohibit hate speech need to include such harm-based civil laws, which will cover more conduct and put the power in the hands of the victims to make complaints.

4. Protection against backlash

As with any attempt to limit speech, even when it causes harm, there is a chance of community and political backlash against these laws and complaints made by victims. Such backlash can result in hate speech laws being enforced in troubling or harmful ways.

These laws may be weaponised against the very communities they are designed to protect. There have been cases where complaints of hate speech have been made specifically to undermine legal protections. In 2016, former Senator David Leyonhjelm made a complaint[14] of racial vilification to the Human Rights Commission as part of his ongoing attack on part of the Racial Discrimination Act.

Protecting against backlash is difficult and requires the government to think carefully about how laws are designed[15]. The purpose of new hate speech laws – to protect marginalised communities – must be clearly set out and understood by those tasked with enforcement.

It is also important the public is educated about why some limitation of speech is necessary when it causes harm to marginalised communities. Robust protection for legitimate speech, such as conduct that is reasonable and done for genuine academic, artistic, religious or scientific purpose or is a fair and accurate report of something in the public interest, must also be included in any new laws.

Creating effective and robust laws to prohibit hate speech at the federal level may be challenging but given what’s at stake, it’s worth getting it right.

References

  1. ^ new laws (www.smh.com.au)
  2. ^ welcomed the plan (www.smh.com.au)
  3. ^ growing (www.abc.net.au)
  4. ^ Research (www.esafety.gov.au)
  5. ^ my research (www.parliament.vic.gov.au)
  6. ^ silence their voices (www.unswlawjournal.unsw.edu.au)
  7. ^ contribute to violence against women (vgls.sdp.sirsidynix.net.au)
  8. ^ Mick Tsikas/AAP (www.photos.aap.com.au)
  9. ^ intersectionality (www.vox.com)
  10. ^ has found (www.esafety.gov.au)
  11. ^ more likely (www.amnesty.org.ph)
  12. ^ almost two decades (www.parliament.vic.gov.au)
  13. ^ suggested by some commentators (theconversation.com)
  14. ^ made a complaint (www.abc.net.au)
  15. ^ requires the government to think carefully about how laws are designed (www.parliament.vic.gov.au)

Read more https://theconversation.com/the-government-is-drafting-anti-hate-speech-laws-here-are-4-things-they-should-include-231178

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...

How to Tell If Your Eyes Are Working Harder Than They Should Be

Image by freepik Most of us take our vision for granted—until it starts to let us down. Whether it's squinting at your phone, rubbing your eyes at the end of the day, or feeling ...