A US State Department official has warned Australia over the Labor government’s controversial new “hate speech” laws, amid fears Aussies could end up in jail for calling for migration cuts or for Islamic extremists to be deported.
The Combatting Antisemitism, Hate and Extremism Bill 2026, drafted in consultation from the Jewish community in response to the Bondi Islamic terrorist attack, contains an exemption for religious texts critics fear will allow radical Muslim preachers to avoid prosecution, while also cracking down on speech that could make minority groups feel unsafe or intimidated.
Anti-Communist activist Drew Pavlou posted about the legislation in an appeal to Secretary of State Marco Rubio, who has spearheaded recent Trump Administration calls for US allies to respect freedom of speech and stop mass immigration.
A statute that imprisons you for calling to deport jihadist extremists — but provides safe harbor if you *are* a jihadist extremist — would be deeply perverse. Let’s hope this isn’t what Australia intends. https://t.co/GT3AxIOBPE
— Under Secretary of State Sarah B. Rogers (@UnderSecPD) January 13, 2026
“The Australian government now plans to introduce 5 year prison sentences for amorphous acts of ‘hate speech’ – defined in such broad terms that it might cover even the most basic calls to lower migration or deport jihadist extremists,” Mr Pavlou wrote on X.
“Meanwhile the Australian government have introduced a special carve out clause in the hate speech legislation to allow Muslim extremists to continue preaching hate so long as they can argue that they are directly quoting or referencing the Quran. So this is a direct effort to establish a two tier legal system in Australia.”
US Under Secretary of State Sarah B Rogers responded to the post by expressing concern over the new laws, which have also been heavily criticised by everyday Australians, Christians and free speech advocates.
“A statute that imprisons you for calling to deport jihadist extremists — but provides safe harbor if you *are* a jihadist extremist — would be deeply perverse. Let’s hope this isn’t what Australia intends,” she wrote.
“This could be a clumsy effort to avoid the disgraces seen in Europe+UK, where citizens are jailed for quoting the Bible or even praying silently. But the problem with “hate speech” laws – one problem of many – is that they’re enforced by the kinds of people who coddle actual violent zealots, so long as they seem subaltern.”
Then in response to a clip posted by political commentator Lozzy B showing the Attorney-General’s department confirming that the new laws would not protect Christians, she wrote: “Still digging into this, but that’s egregious if true.”
Still digging into this, but that’s egregious if true.
— Under Secretary of State Sarah B. Rogers (@UnderSecPD) January 13, 2026
The legislation is expected to pass when parliament is recalled early next week, although the Nationals have indicated they will oppose the bill due to the gun reforms, and some Liberal MPs, including leadership contender Andrew Hastie, Alex Antic and Henry Pike, have spoken out against the “hate speech” components.
“I’m unlikely to support the bill given its likely impact on broad religious freedoms,” Mr Hastie said, while Mr Antic warned the laws were a “slippery slope” and said he would cross the floor to vote against them like he has on previous legislation than infringes on free speech.
Mr Pike warned the new laws punished the wrong people while letting Islamic extremists off the hook with the religious texts exemption.
“The proposed racial vilification offence risks protecting extremists and punishing those who challenge them. Radical Islamist hatred will shelter behind religious exemptions, while those of us who want to make a secular critique of extremist views, or cultural practices incompatible with Australian values, will have to run the risk of a criminal charge,” Mr Pike said.
“Feeling intimidated is enough to trigger a crime carrying up to five years in jail. A Chinese-Australian may feel intimidated by a social post condemning Beijing’s naval incursion. A Palestinian-Australian could cite intimidation over criticism of Labor’s dodgy visa vetting processes. This is 18C on steroids. Backed by handcuffs and a five-year prison sentence.”
The new laws also allow the government to ban organisations who have engaged in or advocated for “hate crimes” as “Prohibited Hate Groups”, resulting in the National Socialist Network (NSN) announcing on Tuesday that it would disband.
But despite the opposition to the bill, Jewish, Muslim and LGBT lobby groups have complained that the laws do not go far enough, and should include protections against “islamophobia” and “homophobia” and be stricter on anti-Semitism and racism.
In response to the complaints Muslim Labor MP Anne Aly said the government was open to expanding the laws to “other forms of hate” once the bill has passed.
Header image: Left, Sarah Rogers. Right, Prime Minister Anthony Albanese and President Donald Trump (PMO).
