Institute of Public Affairs Submission to the Review of the Exposure Draft Legislation: Combatting Antisemitism, Hate and Extremism Bill 2026

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Dear Committee Secretary,

Proposed hate speech laws will criminalise debate and allow the government to imprison its political opponents

The IPA welcomes the opportunity to provide its research on the Combatting Antisemitism, Hate and Extremism Bill 2026 (the bill). The IPA notes the Commonwealth Parliament has been recalled early to debate the passage of the bill in response to the Bondi Massacre of 14 December 2025.

The proposed legislative response is an attack on the Australian way of life, will further entrench sectarian division, allow the government to target, censor, and imprison mainstream Australians for their political beliefs, and could result in certain political parties being outlawed. Nothing in the proposed legislation would have prevented the Bondi massacre. Instead, the legislation reflects the flawed public policy approach that social cohesion can be achieved through criminalising opinions, beliefs, and social attitudes.

The overly broad application of the provisions in the bill will result in mainstream Australians being targeted.

The bill poses an egregious threat to freedom of speech and, if passed, will have a chilling effect on lawful political debate. IPA research shows:

  1. The bill criminalises opinions about key matters of public policy and would allow the government to imprison its political opponents.
  2. Criminal penalties will apply even if there is no victim and harm is hypothetical, which would lead to Australians being imprisoned based on entirely fictitious scenarios.
  3. The bill violates basic rule of law principles, and will open the door to a police state.
  4. The bill confers on a government minister an anti-democratic power to prohibit groups which will allow the government to disband its political opponents.
  5. The overly broad application of the provisions in the bill will result in mainstream Australians being targeted.

Morgan Begg

Morgan Begg is the Director, Research at the Institute of Public Affairs

Margaret Chambers

Margaret Chambers is a Research Fellow at the Institute of Public Affairs.

Mia Schlicht

Mia Schlicht was a Research Fellow at the Institute of Public Affairs
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