Labor may extend hate speech laws to religious, LGBTQ, disabled communities

Stronger hate speech protections for religious groups, people with disability and the LGBTQ community will be considered by the Albanese government once its omnibus antisemitism bill passes parliament, amid community concern the laws fail to adequately address all hate speech.

Key figures within the Labor government, including Prime Minister Anthony Albanese, have since Tuesday morning flagged a potential extension of the protections which, in their current form, are limited to race and would likely only extend to Jewish and Sikh religious communities.

Questioned during a press conference on Tuesday morning about concerns from the crossbench over the inclusion of religion and sexual orientation in hate speech protections, Albanese said: “We have the legislation that’s there. We’ll have a process going forward”.

“The focus is very much on the aftermath of December 14. It is on what was an antisemitic terrorist attack. On broader issues what we intend to do is to have a process to look at other areas of hate speech if the legislation is carried by the parliament, that will be referred to a process going forward,” Albanese said.

On Monday afternoon Albanese announced the early recall of parliament next week to offer a condolence motion on the Bondi shooting and debate the single piece of legislation that bolsters hate speech laws and establishes a national gun buyback scheme.

The bill which the government drafted over summer would introduce new anti-vilification provisions targeting Islamic preachers who spread hatred about Jews and other minorities; create offences for hate preachers and community leaders radicalising children; make it easier to cancel visas; and boost penalties for hate crimes.

However, it has been criticised by advocacy groups and politicians for its limited scope which fails to address other forms of hate speech. Independent MP Allegra Spender, whose electorate includes Bondi Beach, has championed an extension of the laws to protect diverse communities.

“Neo-Nazis, for example, target Jews, Muslims, LGBTIQ+ Australians and people living with disability,” she said.

“And though Jewish Australians are rightly at the centre of concern right now, Jewish community leaders publicly support legislation that protects more than just race.”

The Executive Council of Australian Jewry on Tuesday released a statement in response to the draft legislation, saying it was welcome, but did not go far enough to protect other groups.

“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,” council co-CEO Peter Wertheim said.

In a statement to this masthead, Multicultural Affairs Minister Anne Aly said the government was “open to considering extending the protections to other types of hate,” once the bill set to be introduced next week passes parliament.

During a television appearance on Tuesday morning Health Minister Mark Butler also shared the government’s openness to “considering an extension of the details of that bill”, listing disability, gender, sexuality and “a range of other things” as potential focus areas. Butler said the government was “unapologetically” focused on addressing antisemitism at present.

The bill will need the support of the Coalition or the Greens to pass the Senate, but both have expressed concern over the bill. The Nationals are arguing against gun reforms, while some Liberals fear the bill may impede religious freedoms.

The Greens have argued the limiting of hate speech protections to race is inappropriate, saying it should be extended to all protected groups. They have also expressed concern over the public’s ability to criticise “the actions of foreign governments” under the reforms.

Greens MPs are deliberating their position after leader Larissa Waters spoke with Albanese on Monday afternoon. Sources within the party said a position had not been reached, but MPs were comforted by the government’s perceived willingness to extend the laws after next week’s bill passes.

Equality Australia Legal Director Heather Corkhill called for an extension of the bill, saying: “No one should be targeted because of their race or religion - and no one should be targeted because of their sexuality or gender identity. If hate is unacceptable for one group, it must be unacceptable for all”.

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