PEN Melbourne, PEN Sydney and PEN Perth express our deep concern regarding the Combatting Antisemitism, Hate and Extremism Bill that was passed by parliament this week. Freedom of expression, including the right to challenge, critique and debate ideas, especially difficult or contested ones, is a cornerstone of democracy and a fundamental human right.
Australia’s three PEN Centres express our deep condolences to the Jewish community and all those who lost loved ones at the horrific events in Bondi. We also acknowledge the serious harm caused by acts of violence and hate, and the responsibility of governments to respond effectively to threats against community safety. However, legislative responses must be carefully framed to ensure they do not undermine fundamental democratic rights, including freedom of expression, equality before the law, and freedom of belief.
We are particularly concerned by provisions within the Bill that introduce a new racial vilification offence accompanied by a narrowly framed defence available only where an individual is quoting from or referencing a religious text for the purpose of “religious teaching or discussion.” While freedom of religion must be protected, limiting explicit defences in this way risks privileging religious frameworks over other legitimate forms of expression, including literary, historical, academic, journalistic and artistic engagement.
Writers, scholars and artists frequently interrogate religious texts and histories through critical, creative and contextual lenses that do not fall neatly within the bounds of “religious teaching or discussion.” The absence of equivalent protections for these forms of expression risks chilling legitimate discourse and critical inquiry, activities that are central to a free and open society.
More broadly, offences that rely on selective exclusions or defenses directed at particular attributes or belief systems risk creating perceived hierarchies of justice, where some forms of expression or identity are afforded greater legal protection than others. Any such inequality, whether real or perceived, undermines the principle of equality before the law and risks deepening social division rather than fostering cohesion. Laws intended to counter hate must not themselves entrench unequal treatment or invite inconsistent enforcement.
Freedom of expression, including the right to challenge, critique and debate ideas, especially difficult or contested ones, is a cornerstone of democracy and a fundamental human right. PEN organisations have long opposed censorship and legal frameworks that suppress dissenting or uncomfortable voices under the guise of protection.
We therefore join other civil liberties organisations in calling on the federal government to:
- Ensure robust procedural safeguards and equality before the law in any new speech-related offences;
- Avoid narrowly framed or selective defences that privilege certain belief systems or forms of expression over others;
- Clarify and limit the scope of vilification provisions to ensure they target genuine harm without chilling legitimate artistic, journalistic, academic or political discourse; and
- Commit to meaningful consultation with writers, civil society organisations, legal experts and affected communities.
PEN Melbourne, PEN Sydney and PEN Perth reaffirm our commitment to defending the freedom to write, publish, question and imagine, rights that remain essential to a pluralistic, democratic and resilient Australia.