The federal government is considering broadening hate speech protections as parliament prepares to debate new legislation in the wake of the Bondi terror attack.
Labor has signalled, however, that any extension would come after it passes its omnibus bill that would introduce hate speech and racial vilification offences, give the federal government powers to prescribe hate groups, and lay the groundwork for a gun buyback scheme.
The proposed legislation, to be debated in parliament early next week, would make it illegal to "publicly promote or incite hatred" towards another person or group on the ground of race, colour, or national or ethnic origin.
But there are calls for to be broadened to cover other minority groups, including the LGBTIQ+ community and people with disability.
Federal Labor MP Josh Burns has advocated for the law to cover all Australians — regardless of gender, sexuality, race, ethnicity, religion or disability — and says he doesn't want to see protection for one community over another.
"I would hope that we extend the protections, because nobody deserves to be vilified," he told SBS News on Wednesday.
The suite of laws is a response to the Bondi terror attack last month, when two gunmen — who police allege were father and son Sajid and Naveed Akram — opened fire near a Hanukkah event, claiming the lives of 15 people.
"I am nervous about there being some form of exceptionalism directed towards the Jewish community, that this could potentially have a counterproductive impact," Burns, who is Jewish, said.
Josh Burns says "absolutely everything" must be done to ensure hate and antisemitism are confronted. Source: AAP / Mick Tsikas
"If not, their speeches, their press conferences, their stamping of the fists will be very hollow," he added.
The law changes are backed by Multicultural Affairs Minister Anne Aly, who acknowledges the legislation does not capture Islamophobia or other forms of religious discrimination.
However, Aly said "other forms of hate" would be considered once the current bill passes through parliament.
Prime Minsiter Anthony Albanese on Tuesday said the government "intended" to examine other areas of hate speech if the current bill becomes law.
Spender to move hate speech law amendment
Independent MP Allegra Spender, whose electorate covers Bondi, told SBS News that she is drafting an amendment to extend protections ahead of next week.
"Inciting hatred, vilification and dehumanising others in any form — whether it’s racial, religious or directed towards the LGBTIQ+ community or people with disability — is unacceptable," she said in a statement to SBS News.
"There is no principled reason for allowing hate speech against any group. To their great credit, Jewish community leaders support expanding protection to include these groups - it is the government and opposition who are resisting."
Wentworth MP Allegra Spender has been campaigning to strengthen hate crime laws for over 18 months, with a previous amendment to expand protections failing to pass. Source: AAP / BIANCA DE MARCHI/AAPIMAGE
Equality Australia legal director Heather Corkhill says "hatred in any form" has no place in society, urging the government to address "alarming" attacks in the LGBTIQ+ community.
"Serious vilification laws must apply equally. The government should be stopping all hate before it turns violent, not creating tiers of protection," she said in a statement.
Peter Wertheim, co-CEO of the Executive Council of Australian Jewry (ECAJ), agrees that the limited scope of the new offence, based on race, is a "problem".
"We think that people who suffer the deliberate promotion of hatred on the basis of these other inherent attributes are equally deserving of protection," he told SBS News.
"And we would like to see the legislation extended to achieve that."
Opposition frustration has largely focused on the scope of the bill, with senators Bridget McKenzie and Matt Canavan both criticising the inclusion of gun law reforms within the legislation.
The Opposition has also raised concerns the proposed hate speech laws could fail to tackle radical preachers because of an exemption that permits quoting or referencing religious texts for religious teaching or discussion, which it argues could limit the law's reach.
ECAJ also opposes the exemption. Wertheim told a parliamentary review that he was "totally opposed" to the inclusion, saying none of the world's recognised religions would openly and intentionally promote racial hatred.
"This is a very wide loophole that would render the introduction of this offence ineffective," he said.
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