The new hate speech bill threatens Australian civil liberties

The new hate speech bill threatens Australian civil liberties

Independent Australia
12 Feb 2026, 10:30 GMT+

If there was ever a sign that Australiancivil liberties and rights have been thrown under a bus, it would be now, writesDal Ouba.

IN CONTRAST TOthe 2019 Christchurch massacre, where Australian Brenton Tarrant, murdered 51 people, and attempted to murder 40 others across 2 mosques in Christchurch, New Zealand, the 2025 Bondi tragedy, which resulted in 15 people dead has had a profound impact on Australians' civil rights and liberties. Yet both acts were carried out by Australians.

Despite Australian educators, Oubani and Oubani warning that social cohesion was at risk due to the educational curriculum failing to counteract Islamophobia in Australian politics and media in 2014, there was no significant impact on Australian law, public discourse or life. An Australian terrorist with far-right, white supremacist views purposely killed over 50 Muslim worshippers in a mosque only 5 years later. Nevertheless, Australia still did not question how its own public discourse had created a hotbed for white supremacy, let alone entertain any ideas for new legislation that might circumvent future acts of terror on its own vulnerable and marginalised community groups.

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The events that both preceded and then followed the Bondi attacks on a Hanukkah celebration on December 14, 2025 were even more bizarre. Early 2025, several sets of rights-eroding laws progressed within weeks following a hoax caravan terror plot in Dural, with the AFP and NSW police admitting during a press conference on the 10th of March 2025 that all alleged antisemitic firebombing attacks and graffiti reported over the November 2024 to January 2025 period were also fabricated. The NSW Council for Civil Liberties requested an upper house inquiry regarding whether NSW Labor was aware of the hoax caravan plot prior to rushing through legislation with legal commentators stating that the new laws were exploiting antisemitic fear to control communities that were never under the grips of an antisemitic crimewave.

Incredibly, the whole Australian Muslim Community was demanded to pay for the significant intelligence failure, despite many Australian Muslims themselves fleeing Islamic State and being specifically targeted by religious extremists who prioritise targeting Islamic Shia, Sufi and Sunni sects that do not agree with their ideologies. With hundreds of thousands of Muslims who reject IS ideology murdered across Iraq, Afghanistan, Nigeria and Syria, Pakistan and threats to the Iranian and Lebanese borders currently unfolding, such expectations of the local Muslim community are akin to gaslighting victims of domestic violence to prove that they did not provoke their aggressor to attack a second victim.

Publicly, every Islamic institution was expected to denounce the Bondi tragedy, even though many could very easily have been the target themselves with no political denouncement of Islamophobia, despite increasing 200 per centsince December 14, 2025 according to the Islamophobia Register Australia. Interestingly, the new Syrian government, affiliated with Al-Qaeda extremism and led byAhmed al-Sharaa(formerly known as Abu Mohammad al-Jolani) currently has more peaceful relations with Israel than it does with its own Muslim neighbours with minimal interest in a free Palestine and a major focus on imposing its dogmatic Islamic ideology across the Middle East through relentless bloodshed.

The noble appeal of Prime Minister Anthony Albanese for unity that rejects divisive hatred and rushed hate speech bill while Australians were still recovering from new year celebrations was soon to be contradicted with a special invite for Israeli president, Isaac Herzog to visit Australia. Ironically, the character of Isaac Herzog is exactly the type of behaviour and incitement that the hate speech bill proposes to target. Herzog has been accused by the International Court of Justice for genocidal statements such as punishing all civilians in Gaza and writing messages on bombs prepared to be dropped on the children of Gaza with Amnesty International in Australia calling for an investigation into his acts of genocide.

These comments reinforce the threats of his Prime MinisterBenjamin Netanyahuwho threatened to turn Lebanon into Gaza in October 2024. Herzogs planned visit to Australia also contradicts Australias commitment to theConvention on the Prevention and Punishment of the Crime of Genocide(1949) which binds Australia to international obligations to prevent and punish acts of genocide. Welcoming foreign criminal perpetuators of genocide to inflame existing tensions over the loss of Australian lives will be considerably traumatic for Australians from the Middle East, especially from Palestine and parts of Lebanon who often have had several family members and friends murdered by Israel in its quest for border expansion.

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Concerns were also raised by Sarah Schwartz, the Executive Officer of the Jewish Council of Australia that:

This contradiction between words and actions by our own PM and framing of political discourse seem to make one thing clear; the hate speech laws were never meant to protect all Australians, only some Australians with all Australians having paid the price by losing their protections from the due process that protects their simple freedoms from being overridden by political adversaries.

Such callous manipulation of the pain and suffering of different community groups in Australia ultimately does not protect any Australian and only leads to an arbitrary exercise of power and lack of due process. Withpunishment based on political instead of legal reasons, the federal government'scounterproductiveCombatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026threatens to create a future of fear and unpredictability for Australians from all diverse backgrounds. If one Australian life is truly more precious than another, then we have also formally created different classes of citizenship that beg to be admired.

Dal Oubais a researcher, educator and published writer with experience in writing about curricular and social justice.

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