New hate speech laws must balance free speech and protection

New hate speech laws must balance free speech and protection

Parliament has been recalled early to debate the Labor government’s new hate speech bill. An RMIT expert says questions remain about how to protect communities without limiting free speech, and explains why careful enforcement and broader protections are critical.

Dr Nicole Shackleton, Coordinator of the Technology, Law and Society Research Group 

"The release of the exposure draft for the Combatting Antisemitism, Hate and Extremism Bill 2026 is a strong symbolic measure against hate crimes in Australia - particularly those based on race, religion, or national or ethnic origin.

"It is significant that some of these changes will apply to other protected groups in section 80 of the Commonwealth Criminal Code - meaning that, for example, women and LGBTQIA+ communities will have more protection against spiritual leaders that preach gendered hate speech.  

"However, it is important that we carefully strike a balance between freedom of speech, protest and debate, and the significant harms caused by extremist hate speech. 

"This not only requires careful consideration of the Bill by parliament but also plans for enforcement to ensure that the laws are applied when intended, against those advocating hate and extremism and not against the very communities they are designed to protect. 

"Continued consideration should be given to the new offences introduced, which are limited to criminal responses and focus only on racial vilification. While a welcome step, research consistently demonstrates that hate speech targets a significant number of historically marginalised communities who also deserve to be protected by law."

Dr Nicole Shackleton is a lecturer in the School of Law at RMIT University with expertise in gender and technology. She has specific interest in the regulation of technology to prevent gendered abuse. 

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General media enquiries: RMIT External Affairs and Media, 0439 704 077 or news@rmit.edu.au

14 January 2026

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14 January 2026

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