The Australian government on Thursday enacted a new law banning the display of hate symbols and mandating minimum sentences for certain terror offenses, as part of a broader effort to curb a surge in antisemitism across the country.

The Criminal Code Amendment (Hate Crimes) Bill 2024 targets the most extreme types of damaging hate speech, which include supporting and threatening the use of force or violence against a group or a member of a group, as well as against a religious institution. The amendment ensures that the conviction of hate crime under the Criminal Code subsection 80.2H(1) and 80.2HA(1) will attach a minimum of 12 months imprisonment and six years for the conviction of terrorism offenses under the Criminal Code Division 101 or 102.

In the statement made by the Australian Attorney-General, Mark Dreyfus, the new law is framed as a necessary step in confronting the growing threat of extremism and violence associated with hate speech. In another statement given to Australia Jewish News, Dreyfus states, “The Government has a clear responsibility to protect the safety of all Australians from hate, and these measures will provide a strong legal response to those who seek to incite violence and division in our society.”

This law emerges against the backdrop of rising incidents of hate crimes, particularly antisemitic acts, that have been reported in recent years. The rise in antisemitic activities has not only resulted in physical harm but also contributed to a climate of fear within affected communities. Jewish institutions, synagogues and cultural centers have been targeted, with several cases gaining widespread attention. The law aims to address these growing concerns by ensuring that such acts are met with severe legal consequences, thereby reinforcing the state’s commitment to combating hate and protecting vulnerable groups.

MP John Wilson stated, that the bill increases “capacity for law enforcement to provide further protection in response to the circumstances that have arisen in recent times.”

However, Law Council of Australia president Juliana Warner said the changes could “risk serious injustice” if the rule of law principles are not applied correctly in implementation of the bill, which may serve to limit the right to free speech. Notably, the Australian Constitution does not explicitly guarantee freedom of expression. However, the High Court of Australia has ruled that implied freedom of political communication is essential to the Constitution’s system of representative and responsible government.