Is this hate?

A tool for understanding Australian hate speech laws

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This tool provides general information only and is not legal advice. It cannot be relied upon as legally admissible evidence. For specific legal guidance regarding hate speech laws in Australia, please consult a qualified legal professional.

Analyse text in the context of public speech in relation to new and existing hate speech laws in Australia.

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Fact Sheet – Combatting Antisemitism, Hate and Extremism Bill 2026
Hate crime offences - Australian Government Attorney-General's Department

2026 Amendments Summary

Increased Penalties for Online Harassment

Section 471.12 - Using Postal or Similar Service to Menace, Harass or Cause Offence

New Penalty: 5 years imprisonment (increased from 3 years)

Applies to using internet, social media, or other carriage services to menace, harass, or offensively communicate.

New Criminal Offense - Racial Vilification

Section 80.2BF - Publicly Promoting or Inciting Racial Hatred

Elements of the Offense

A person commits an offense if:

The person engages in conduct in a public place, AND
The person intends to EITHER:
- Promote or incite hatred of a person/group because of their race, color, national or ethnic origin, OR
- Disseminate ideas of superiority over or hatred of a person/group because of their race, color, national or ethnic origin, AND
The conduct would cause a reasonable person who is the target or member of the target group to:
- Be intimidated, OR
- Fear harassment or violence, OR
- Fear for their safety

Key Definition: "Conduct in a Public Place"

Explicitly includes:

Social media posts and communication
Other electronic methods of communication
Speaking, writing, displaying notices
Broadcasting
Distributing or disseminating any matter to the public

Important: A person may engage in conduct in a public place even if the conduct occurs on private land.

Penalty: 5 years imprisonment

Defense

Religious teaching or discussion - conduct that consists only of directly quoting from or referencing religious texts for religious teaching or discussion.

Prohibited Hate Groups

New framework for declaring organizations as "prohibited hate groups" if they engage in, prepare, or advocate hate crimes.

Offenses Related to Prohibited Hate Groups:

Directing activities: 15 years (knowledge) or 10 years (recklessness)
Membership: 7 years imprisonment
Recruiting: 15 years (knowledge) or 10 years (recklessness)
Providing training: 15 years (knowledge) or 10 years (recklessness)
Funding: 15 years (knowledge) or 10 years (recklessness)
Providing support/resources: 15 years (knowledge) or 10 years (recklessness)

Relevance to Social Media: Posting content that promotes, recruits for, or provides support to prohibited hate groups is now a serious criminal offense.

Hate Symbols

Amendments to existing prohibited symbols offenses:

Key Changes:

Burden of proof shifted: Defendant must prove public interest defense
Expanded scope: Now includes prohibited hate group symbols
Lower fault element: For terrorist organization symbols, no longer need to know it's a terrorist organization symbol

Relevance to Social Media: Displaying prohibited symbols (Nazi symbols, hate group symbols) online is criminal, with narrower defenses.

How This Differs from Section 18C (Civil Law)

Section 18C Racial Discrimination Act 1975 (Civil):

Makes it unlawful to offend, insult, humiliate or intimidate
Civil penalties (monetary damages, apologies, cease and desist orders)
Lower threshold ("reasonably likely" to offend)

Section 80.2BF Criminal Code (NEW - Criminal):

Criminal offense with imprisonment
Requires INTENT to promote/incite hatred or disseminate superiority ideas
Higher threshold (reasonable person would FEAR intimidation/harassment/violence)
Much more serious consequences

Key Principle

The 2026 amendments create a two-tier system:

Civil liability (Section 18C) for speech that offends/insults
Criminal liability (Section 80.2BF) for speech that intentionally promotes hatred and causes fear

Social media posts can now result in imprisonment, not just civil remedies.

Privacy Policy

Last Updated: January 27, 2026

Introduction

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