Reforms to Australia’s hate speech laws are facing a steep parliamentary hurdle, with both the Coalition and the Greens signalling they will not support the federal government’s draft legislation in its current form, raising serious doubts about Labor’s plan to pass the measures when parliament reconvenes next week.
The opposition has branded the proposed laws “unsalvageable”, arguing they are a rushed and poorly constructed response to the December 14 Bondi Beach terror attack, while the Greens say the bill risks undermining civil liberties and could have unintended consequences.
Greens senator Mehreen Faruqi said on Thursday her party could not back the legislation as drafted, warning that reforms to hate speech protections must address all forms of discrimination rather than focusing narrowly on antisemitism.
“The legacy of the horrific and appalling violence in Bondi cannot be the undermining of political, civil and human rights,” Faruqi told reporters in Canberra, adding that laws written in haste risk doing long-term damage to democratic freedoms.
Labor is hoping to introduce and pass the legislation next week, but with both the opposition and the Greens sceptical, the government would need a major rewrite to secure the support required in the Senate. The draft laws seek to crack down on hate preachers, increase penalties for hate speech and racial vilification, and establish a national gun buy-back scheme following the attack in which two Islamic-inspired shooters killed 15 Hanukkah revellers.
Opposition Leader Sussan Ley said the Coalition had “extremely serious concerns” about the bill, arguing it failed to adequately address either radical Islamic extremism or the rise of antisemitism.
“Our job is to pass laws that contain clear offences for courts and police to use,” Ley said. “Instead, the flaws in this bill will add confusion and delay in the charging and sentencing of terrorist offenders.” She said the Coalition wanted clearer definitions of antisemitism enshrined in law.
Earlier, Prime Minister Anthony Albanese rejected claims the opposition was being rushed, accusing the Coalition of hypocrisy after repeatedly calling for an early recall of parliament following the Bondi massacre.
“The Coalition, day after day, very clearly called for parliament to be recalled during Christmas week,” Albanese told ABC Sydney Radio. “Now they’re saying that this is somehow rushed.”
Ley convened a Liberal leadership meeting on Wednesday night, where senior figures including Angus Taylor, Anne Ruston and Paul Scarr expressed reservations about the bill, according to ABC reports.
Former Liberal frontbencher Andrew Hastie has already declared he will vote against the legislation, describing it as an attack on democratic freedoms and freedom of religion. Another senior Coalition figure, Jonathon Duniam, said the party was poised to oppose the laws, citing concerns they were being pushed through too quickly and did not properly address antisemitism.
Jewish community leaders have urged caution against rejecting the bill outright. Executive Council of Australian Jewry co-chief executive Peter Wertheim said parliament should seek amendments rather than defeat the legislation. “A wholesale rejection of the bill would not at all be warranted,” he said, warning its defeat would be a “retrograde step”.
Home Affairs Minister Tony Burke dismissed criticism of the timeline as hypocritical, arguing the Bondi attack provided a compelling case for urgent action.
However, dissent has also emerged from within the Nationals. Senator Susan McDonald said the bill “has very few friends” and tried to do too much at once, while One Nation recruit Barnaby Joyce said his party would oppose the legislation, claiming gun reforms would unfairly target recreational shooters.
Religious leaders have also raised alarm. Anglican Bishop Michael Stead warned the reforms created a “minefield of definitions”, while Australian National Imams Council president Sheikh Shadi Alsuleiman said the bill created serious legal uncertainty by potentially exposing past lawful speech to new penalties.
Parliament will debate the legislation on Monday, but with opposition mounting across the political and religious spectrum, Labor faces an uphill battle to secure its passage without significant changes.
