New Politics
New Politics: Australian Politics
Thought Crimes and Punishment
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Thought Crimes and Punishment

There are new laws that won’t strengthen democracy; they’ll make it weaker through fear, silence and political convenience.

In this episode, we analyse Australia’s newly passed anti-hate speech legislation and ask: when does protecting communities move over to criminalising dissent? Rushed through parliament in the wake of the Bondi terror attack, these new laws introduce the vague and dangerous concept of “psychological harm” into criminal enforcement, raising serious concerns about free speech, the right to protest and the ability to criticise foreign governments.

We also examine whether accusing the Israeli government of genocide, war crimes, or apartheid against Palestinians could now be interpreted as unlawful if someone claims emotional or psychological injury, and what that means for journalists, activists, podcasters and ordinary citizens.

There’s a broader political context behind these laws, including intense lobbying pressure on the Albanese government, the push to entrench the IHRA definition of antisemitism into Australian law, and the selective enforcement already visible through rolling bans on pro-Palestine protests while other rallies proceed unhindered.

There’s also a growing culture of cancellation and suppression in Australia’s cultural and intellectual life, including the collapse of the Adelaide Writers’ Festival following pressure from lobby groups, and what that says about whose feelings carry institutional power. We also look ahead to the planned visit of Israel’s president to Australia, the likelihood of large-scale protests, and whether claims of psychological harm could be used to justify mass arrests and the further erosion of democratic rights.

Photograph: Alessio Cavallaro.

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