Key messages were that the harms of hate speech are real and must be taken seriously, and that while hate speech laws are not a panacea for racism and other forms of prejudice, they are a valuable component of Australia’s commitment to equality and non-discrimination.

Professor McNamara told the audience that it will be important to monitor new laws introduced in 2025 that criminalise hate speech, noting that they represent a departure from the long-standing Australian approach of relying on civil laws to address hate speech, reserving the criminal law for hate speech that encourages violence. He emphasised the importance of distinguishing unlawful hate speech from legitimate expression of political opinion, including in the context of public protest.

Professor McNamara’s presentation was part of the Festival’s Curiosity Lecture series.

You can read a transcript of the lecture here.