Australia's hate speech laws 2026

Islamic extremist ISIS gunman shooting Australians at Bondi Beach, with a high-powered, semi-automatic, long-barrel rifle, following on ISIS training, 14 December 2025.

Contents

Introduction
The missing link
Hate speech laws
The Spanish case
References

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Introduction

Poster, Australia, US and Canada, 2024.

On Tuesday, 13 January 2026, the Australian Labor government, under Prime Minister Anthony Albanese, released the draft Combating Antisemitism, Hate and Extremism Bill 2026. It was passed by the Australian Parliament on 22 January in an amended and expanded form, as the Combating Antisemitism, Hate and Extremism (Criminal and Migration Laws) Bill 2026 and made law. Immediately the legislation - both draft and final - was declared an attack on free speech and a "get out of jail free card" for Islamic extremism as seen in the Bondi Beach massacre of 14 December 2026. The present writer supports many of the significant criticisms of the Act as passed, beyond those two mentioned. Reasons for this are outlined below.

The Australian Labor Party's new hate speech laws - supported by the Liberal Party in its passage through the parliament, and opposed on various grounds by the Nationals, Greens, One Nation and Independents - are worrisome and flawed to an unprecedented degree in Australian history. At their core they strip away many of the basic democratic rights Australians hold dear, such as the right to free speech, public protest, and defence of the needy. They seek to censor just causes in the name of limiting hate speech. For example, if an individual in Australia forms a group to oppose rape, paedophilia, the cutting down of trees, anti-semitism, the actions of a certain political party, a group engaging in hate speech, etc., or any other contentious issue or item of community concern, and protesters come to a rally held in support of that concern and cause violence due to their opposition, the group holding the rally or otherwise promoting the issue (not the protesters) can be declared a hate group because of that violence by another individual or group towards the creator of the group and the members. The group and the members designated hateful subsequently have no right to procedural fairness (i.e., defence) against that declaration by a minister (NOT be a court). The facts of this statement are outlined in the Institute of Public Affairs Hate Laws Explainer YouTube video linked below and a contemporary interview with former Prime Minister Tony Abbott (Wild & Begg 2026, Wild & Abbott 2026). The Act is very badly drafted and broad in its definitions and application to the point of being open ended in regard to interpretation by the community, legal system and politicians. It is also extreme in its attack on free speech. The legislation belongs in the tools of a Fascist regime, rather than the open, free, democratic society Australia has been, and seeks to remain.

Most importantly, the legislation fails to address the elephant in the room, namely Islam. As the Rape is Resistance poster illustrated above reveals, hate groups can often come in the form of human rights advocates such as supporters of the Free Palestine movement. In this instance, all actions in support of this cause are

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1. The missing link

Former Australian Prime Minister Tony Abbott is right, and present-day Senator Deborah O'Neil is wrong in regards to the following statements regarding the role of Islam in disseminating hate:

Abbott: All of these terrorists, including the terrorists we've now seen in this country, have committed their atrocities in the name of Islam, and the Islamic leaders are never prepared to take any responsibility for the crimes that are committed in the name of Islam. (Tony Abbott, 20 January 2026)

O'Neil: At Bondi on 14 December 2025, two evil men, drawing on a perverted distortion of Islam, that is the foundation of the terror organisaton ISIS, committed a terror attack on our shores ..... (Senator Deborah O'Neil, Australian Parliament, Canberra, 20 January 2026)

The actions of the two Muslim men was not a "perverted distortion of Islam." It was, in fact, an example of traditional Islamic jihad, which is one of the core elements of orthodox Islam and has been so since 622AD when Muhammad first began spreading his Islamic ideology. According to the Qur'an - the core text of Islam - the actions of the two Bondi shooters would result in their immediate or eventual entry into the Pleasure Gardens ('Heaven') of Allah for eternity. These two Muslim men obviously supported the Koranic teachings in carrying out their barbaric massacre of innocent men, women and children, just as the HAMAS gunmen did in massacring 1,500+ Israelis on 7 October 2023, plus kidnapping and then torturing an additional 250.

In light of an increase in anti-semitism and hateful rhetoric by local Muslims post 7 October, action was obviously required on the part of the Australian government to protect the people of Australia by directly addressing the issue of Islamic jihad. Unfortunately, when the Anthony Albanese led Australian Labor Party government, in seeking to address this specific issue, presented draft bills plus memorandum before the people of Australia on Tuesday, 18 January 2026, there was no mention of Islamic jihad or Islamic terrorism amongst the 500 pages of draft legislation. It was as though they were afraid to mention Islam at all, as noted by former Australian Prime Minister Tony Abbott following the passage of the bills:

Abbott, Tony, Albanese government 'absolutely terrified' of upsetting Muslim Australians, Sky News Australia, 20 January 2026, YouTube, duration: 7.27 minutes.

The present writer is no fan of Tony Abbott. However, his comments on this specific issue are spot on and offer a real solution to the problem of Islamic terrorism in Australia, alongside the associated issues of anti-semitism, Sharia law, attacks against Christians and other religious and spiritual beliefs, and broader societal elements such as equal rights for women, polygamy and paedophilia. This issue goes beyond the focus on guns and anti-semitism by the Albanese government - subjects already covered by Australian laws but not adequately dealt with due to timidity on the part of government at local, state and federal levels, and a real, totally rational, fear of Islam and reprisals for any action taken.

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2. Hate speech laws

The issue of hate speech laws is an international one, especially with the recent passage of the European Union's Digital Services Act (DSA) which very broadly defines hate speech and includes punitive measures against statements such as "Taking our country back" which is a nationalist response to the extreme rise in immigration numbers across the Western world over recent decades (Forbes 2026). The action of the Albanese government reflects the action of other Western governments such as Germany and Great Britain. This has been highlighted in the United States House of Representative's Judiciary Committee hearing on Europe's threat to American speech and Innovation during February 2026.

The Australian Combating Anti-semitism, Hate and Extremism Act 2026 will not achieve the primary aim for which it was created, namely to deal with the Islamic "extremism" seen at Bondi Beach on 14 December 2026 when innocent Australians were gunned down by a father and son trained by the Islamic extremist jihadist group ISIS (Islamic State). Instead, the resultant law will attack free speech in Australia more generally, and specifically exempt hate speech arising out of Islamic texts such as the Koran / Qur'an. As noted:

Directly quoting from a religious text for the purpose of teaching or discussion may provide a defence under the federal government's hate speech laws proposed in the wake of the Bondi terror attack. (Armstrong and Maani Truu 2026)

Problems with the new laws were outlined by the Institute of Public Affairs in the following video:

Daniel Wild and Morgan Begg, Hate Laws Explainer: What you need to know about the new hate laws, Institute of Public Affairs, 6 February 2026, YouTube, duration: 28.08 minutes.

Many Australians would question why Anthony Albanese and the Australian Labor Party would feel the need to protect Islam in this manner, when its ideology instills fear amongst both Muslims and non-Muslims, and its primary text, the Qur'an, specifically preaches hate towards any person who is not a Muslim. It also preaches hate towards fellow Muslims who do not adhere in total to its ideology. The extreme negative reaction to the bill by many Australians can be seen in the following video from The Story Box presenter, posted a day after the Bill was made public.

Anthony Albanese The Useful Idiot of ISLAM Declares WAR On Free Australians!, The Story Box, 14 January 2026, YouTube, duration: 29.26 minutes.

The Bill will introduce a new federal offence making it illegal to publicly promote or incite racial hatred where the conduct would cause a reasonable person to feel intimidated, harassed or fear violence. It will do this whilst specifically exempting the Qur'an, which lies at the heart of the action of the Bondi Beach terrorists.

Page from the Bill, presenting a defence for hate speech.

The Qur'an instills fear merely in its reading. The present writer can attest to that, having read the text as of writing. It clearly promotes hatred, and that hatred is passed on to children at their youngest age, as seen in the following images from 2016 and 2019 (Choi 2016, IDF 2019).

The Bill is confusing and vague, and therefore open to abuse going forward. It is focused on race (physical and genetic traits) and ethnicity (cultural identity and heritage, background). Yet Islam, for example, is multiracial and multicultural. Apparently only the Jewish race is specifically protected, and all other races are not. It does not require proof that hatred was generated or that anyone actually felt fear, only that the conduct would cause a reasonable person to be intimidated, to fear harassment or violence, or to fear for their safety. Who will make such a determination? The Qur'an and related Islamic documents such as the Hadith by their very nature generate fear and promotes the carrying out of acts based upon fear, such as the Bondi Beach massacre. Any group can be listed as a hate group. Would Islamic organisations in Australia be listed as hate groups, especially when they are well-known exponents of anti-semitism? The answer is NO!

These laws allow for the listing of organizations that promote violence or hatred on the basis of race, [colour], or national or ethnic origin (Anthony Albanese, 18 January 2026).

Q: Why don't they address those that promote hatred on religious grounds?

Answer: Because they would then have to include Islam.

Under Part 5, Sections 20 and 21, the Bill alters the Criminal Code as follows, in regards to be normal and Commonwealth property:

80.2BE Advocating force or violence through causing damage to property ..... (1) A person (the first person) commits an offence if / (a) the first person intentionally advocates for another person, or
a group, to use force or violence against a group (the targeted group); : .... (d) the targeted group is distinguished by race, ~~religion~~ national, or ethnic origin; ....

Therefore, would no longer be an offence under this law to cause property damage to a religious group such as the Catholic Church, the Jewish Council, or the Muslim Council. This is strange.....

Should Islam be designated a hate group? Under the new Australian hate speech laws the answer would definitely be: Yes. Why? Because Islam disseminates the following views which are not only illegal under Australian law outside of the hate speech laws, but are now also covered by those. Islam definitely spreads hatred towards members of Australian society:

* Paedophilia - Islam encourages and supports "marriage" of pre-pubescent girls. Muhammad actually took a 6 year old girl into marriage and consummated the relationship when she was aged 9 and still playing with dolls. This is recorded in the Qur'an and Hadith and therefore supported as part of Shariah law. Paedophilia is against the law in Australia.

* Child marriage - in close relationship to the issue of paedophilia outlined above, child marriage is supported in Islam. Child marriage is illegal in Australia, but legal under Shariah law.

* Women's rights - women have equal rights in law within Australia and this is an important part of Australia's cultural heritage and open, free democracy. Under Shariah law women's rights are less than men. Islam is an incredibly misogynistic ideology, discriminating against women on many fronts, though especially in regards to marriage, sexuality, economics, education, property ownership, inheritance, and the issue of slavery. It is illegal in Australia to discriminate in all these areas.

* Rape - in some Islamic countries rape of a woman by an individual or group of individuals is treated as adultery and the woman is punished by stoning to death unless she can find 4 male witnesses to testify in her defence. Rape in marriage is also condoned, as is rape of slaves / concubines. Rape is outlawed in Australia and severely punished by imprisonment.

* Racism - hatred of Infidels (all non-Muslims) is condoned within Islam and is a core element of the ideology. It is especially and brutally expressed towards Jews and Christians and other religious, primarily though the practice of jihad whereby the perpetrators of violence against non-Muslims is rewarded with the promise of martyr status and eternal life in Islamic heaven. Racism is illegal in Australia.

* Sexism - the treatment of women within Islam is derogatory, misogynistic and sexist. It is often brutal.

* Child abuse - physical and psychological abuse of children is practiced in Islamic society, especially in regard to their education both within and outside of the family. This is banned in Australia.

* Female circumcision - this is practiced in Islam. It is banned in Australia.

* Religious intolerance - Islam rejects all other religious beliefs and requires Muslims to do so. Muslims who abandon Islam for any reason as called Apostates and subject to death in Islamic countries. Religious intolerance is banned in Australia.

* Anti-semitism - Islam preaches anti-semitism and hatred of the state of Israel. Anti-semitism is illegal in Australia.

* Halal - this has been identified as cruelty to animals. Australia has banned cruelty to animals.

* Violence - Islamic ideology preaches violence in the form of jihad. The aim is world domination and the imposition of Shariah law on societies within Islamic states. Violence is illegal under Australian law, unless in the act of defence.

There are many other instances in which Islam is at odds with Australian law and which promotes ideologies which are hateful and violent, especially towards individuals and organisations which are innocent of such labels under Australian law and values. As such, all those Muslims and others calling for violent action against Jews and Christians, for the destruction of the state of Israel, etc., can now come under the Australian hate speech laws. Will they be so charged? Probably not..... Why? Because defence will claim that Islam is a religion and therefore any such charges are illegal under the religious intolerance laws. Such a defence is an abomination.

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3. The Spanish case

Jail time for criticizing Islam? The shocking case, CBN News, 10 October 2025, YouTube, duration: 6.41 minutes.

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4. References

Abbott, Tony, Albanese government 'absolutely terrified' of upsetting Muslim Australians, Sky News Australia, 20 January 2026, YouTube, duration: 7.27 minutes.

Anthony Albanese The Useful Idiot of ISLAM Declares WAR On Free Australians!, The Story Box, 14 January 2026, YouTube, duration: 29.26 minutes.

Arias, Lynn, Spanish priest acquitted in legal battle over criticism of Islam, Persecution.org : International Christian Concern, 24 October 2024.

Armstrong, Clare and Maani Truu, Details of Labor's new hate speech and gun laws revealed, ABC News Australia, 13 January 2026.

Choi, David, An inside look at a terrorist group's summer camp for kids, Business Insider, 4 August 2016.

Combating Anti-semitism, Hate and Extremism Bill 2026, Attorney General's Department, Parliament of Australia, Canberra, 12 January 2026, 500p.

Davenport, Tony, Spanish priest faces jail over Islam views, Vision Christian Media, 16 October 2025.

Forbes, Who determines what qualifies as hate speech? Fry asks lawyer about Eu speech laws, Forbes Breaking News, 7 February 2006, YouTube, duration: 5.52 minutes.

Israel Defence Forces, Gaza Kindergarten Graduation Performance, X.com, 5 May 2019.

Wikipedia, Islamic State, Wikipedia, accessed 16 January 2026.

Wild, Daniel and Tony Abbott, New 'hate group' laws will shut down debate, Australia's Future with Tony Abbott, Institute of Public Affairs, 22 January 2026, YouTube, duration: 34.03 minutes.

Wild, Daniel and Morgan Begg, Hate Laws Explainer: What you need to know about the new hate laws, Institute of Public Affairs, 6 February 2026, YouTube, duration: 28.08 minutes.

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Last updated: 25 February 2026

Michael Organ, Australia

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