The Free Speech Union has urged New Zealand to heed the pitfalls evident in Australia’s newly enacted anti-hate legislation, cautioning that replicating such measures could undermine fundamental freedoms.
Australia’s Parliament passed the Combatting Antisemitism, Hate and Extremism Bill 2026 in an emergency late-night session after just three days of public consultation.
The laws impose harsher penalties for offences involving advocacy or threats of violence against protected groups and grant ministers the authority to ban ‘hate groups’ without judicial oversight or procedural fairness.
Jillaine Heather, Chief Executive of the Free Speech Union, described the Bondi tragedy as horrific and acknowledged antisemitism as a genuine issue. However, she emphasised that warnings from legal experts, Jewish community groups, and civil liberties organisations about the rushed and overbroad nature of the legislation should not be ignored.
Heather highlighted the most alarming aspect as the ministerial power to designate ‘prohibited hate groups’ based on past lawful speech, with no appeal rights for the affected organisations. This, she said, marks a troubling erosion of rule of law principles.
The Union expressed concern over the use of ‘hate’ as a basis for criminal liability, given its subjective nature. Australian faith leaders, in a joint submission, pointed out that hate ‘is perceived differently by different people’ and should not underpin criminal sanctions.
Notably, even groups the laws aim to protect voiced reservations. The Jewish Council of Australia stated that ‘rushing through sweeping criminal laws is not going to make Jews safer’ and advocated instead for ‘building trust and solidarity across communities’ over expanded police powers.
In New Zealand, the Free Speech Union noted that Race Relations Commissioner Dr Melissa Derby quickly suggested there was ‘room for expanding’ hate speech laws following Australia’s move. She stressed that successive governments have rejected such expansions due to free expression risks.
…when legal experts, Jewish community groups, and civil liberties organisations all warn that legislation is rushed and overbroad, that’s worth paying attention to” – Free Speech Union
The Law Commission is reviewing hate crime provisions, distinct from hate speech. Justice Minister Paul Goldsmith has affirmed the Government’s opposition to Labour’s previous hate speech proposals, citing their potential to undermine free speech.
Heather argued that Australia’s experience underscores the need for caution, with laws drafted hastily, passed in a late-night sitting, and so flawed that the government abandoned a racial vilification clause to ensure passage.
Conservatives here have warned that governments pursuing such suppression of speech risk following a dangerous historical path, as seen in authoritarian regimes where curtailing expression has led to broader civil liberties abuses and societal harm.
