Media release re: Combatting Antisemitism, Hate and Extremism Bill 2026

16 January 2026

NT Anti-Discrimination Commission urges balanced approach to proposed federal hate speech laws

The Northern Territory Anti-Discrimination Commission supports strengthening laws that address serious hate, intimidation and violence, noting that when hate is normalised, individuals and communities withdraw from public life, workplaces and services undermining social cohesion and democratic participation.

Commissioner Yogaratnam said that:

“The Commonwealth Government’s proposed Combatting Antisemitism, Hate and Extremism Bill 2026, alongside the establishment of a Royal Commission into Antisemitism and Social Cohesion, reflects growing national concern about the escalation of hate-motivated conduct and its impact on community safety. The Commission supports the intent of the reforms, but emphasises that law design matters.”

The Explanatory Memorandum to the Bill frames the reforms as a response to rising antisemitism and hateful conduct, proposing a package of criminal law, migration and firearms measures. Reported elements include new offences targeting the public promotion or incitement of racial hatred where it is linked to intimidation, harassment or fear of violence, with limited safeguards for legitimate teaching, discussion and reporting.”

Hate speech laws must remain objective and harm-focused. They should capture serious conduct that causes, legitimises or escalates harm, intimidation or fear, not restrict robust debate or unpopular views. Over-broad or poorly defined provisions risk diluting legitimate journalism, academic inquiry, artistic expression and peaceful protest, particularly for racialised and marginalised communities.

The Commission also notes the importance of equal protection under the law. If reforms commence with a narrower set of protected attributes, there must be a clear and transparent pathway including timeframes and consultation for broader coverage so that protections operate fairly for all Australians.

The Northern Territory’s recent experience is instructive. In August 2025, amendments to section 20A of the Northern Territory Anti-Discrimination Act 1992 narrowed vilification protections from a harm-prevention model to an incitement-based threshold. The Commission has observed that waiting for conduct to reach ‘incitement’ can mean the law only intervenes after harm has escalated, rather than preventing it early. Well-designed vilification provisions can filter out trivial matters through clear exemptions and complaint-gating mechanisms, while still providing meaningful protection and deterring conduct before it occurs.

The Commission welcomes the Royal Commission as an opportunity to take a broader, evidence-based view, examining the drivers of hate, extremism in all forms, online radicalisation, institutional responses and prevention strategies rather than focusing solely on isolated incidents.

Commissioner Yogaratnam added that:

“Criminal law alone cannot carry the weight of social cohesion. Prevention must sit alongside enforcement. Criminal law and enforcement do not change underlying attitudes and prejudices which are the cause of extremism and hate. Education, early intervention, organisational accountability and positive duty frameworks are critical to reducing harm before it reaches the criminal justice system. As the Commission’s recent work in positive duty demonstrates, prevention-focused approaches strengthen trust, build safer institutions and support long-term cohesion.”

The Northern Territory Anti-Discrimination Commission looks forward to engaging constructively in national discussions on the Bill and the Royal Commission, and will continue to advocate for laws and policies that protect communities, preserve democratic freedoms and promote inclusion for all.

Jeswynn Yogaratnam

NT Anti-Discrimination Commissioner