Canberra's Jewish community is expressing mixed reactions to newly proposed hate speech legislation, with some welcoming the crackdown while others warn of unintended consequences for free speech and inadequate protection for other minority groups.
What the Draft Bill Proposes
The draft Anti-Semitism and Hate Speech Bill, unveiled on Tuesday, January 14, 2026, introduces severe penalties for inciting hatred. Religious leaders who promote violent rhetoric could face imprisonment, while members of registered hate groups may receive jail sentences of up to 15 years. The legislation grants the home affairs minister the power to ban groups found to be advocating hate crimes based on race, nationality, or ethnic origin. It also includes provisions for stricter visa controls.
Athol Morris, President of the ACT Jewish Community, endorsed the bill as a crucial first step. "Free speech is the right to be able to speak in a measured tone consistent with the societal norms and requirements, which is why I support the cohesion aspect of this bill," he stated. He argued that chants like "from the river to the sea" should be prohibited under the new laws, viewing them as part of a pattern where pro-Palestinian symbols are used to spread hate.
Concerns Over Scope and Consultation
However, not all community members share this view. David Hermolin, a Jewish Canberra resident originally from Canada, voiced concerns that the legislation was drafted with limited consultation. He fears it could stifle legitimate political discourse. "In my experience, the Free Palestine movement has been welcoming and oriented towards peace, and that [means] conflating these symbols with antisemitism is misguided," Hermolin said.
This sentiment reflects a broader complexity identified by experts. Australian National University associate professor Ron Levy noted the inherent difficulty in drawing precise legal lines around hate speech. "If you're going to try to curb hate speech, getting the precise line, articulating the precise line, is very difficult, and probably inevitably so," he explained.
Calls for Broader Protections
A significant point of contention is the bill's perceived narrow focus. The Executive Council of Australian Jewry issued a statement expressing concern that the law only captures hatred based on race, leaving out other attributes. "Promoting hatred on the basis of other inherent attributes such as gender identity, sexual orientation, age or disability will not be proscribed. People who are targeted for hatred on the basis of these other attributes are equally entitled to protection," the Council argued.
This gap has drawn criticism from politicians. Independent member for Wentworth, Allegra Spender, said she was disappointed LGBTQ individuals would not receive better protection. Her position will be supported by ACT independent senator David Pocock when Parliament sits next week to debate the bill. Senator Pocock emphasised the need for scrutiny, stating he would "listen to my community, consult in the time available and reflect their views in the Parliament."
The feeling of being overlooked extends to other multicultural communities. Diana Abdel-Rahman, deputy chair of the Canberra Multicultural Forum, suggested the bill showed favouritism. "We just feel there is a level of exceptionalism provided to one group over another," she said, referencing the bill's working title which specifically mentions "anti-Semitism." Abdel-Rahman, who was allegedly assaulted at a rally last year, leads a forum representing over 150 community initiatives.
As the ACT government moves to pass the legislation in an extraordinary parliamentary sitting next week, the debate highlights the challenging balance between protecting communities from hate and safeguarding freedom of expression in a diverse society.
