An Act to protect freedom of expression in Australia, to repeal laws that unduly restrict speech including section 18C of the Racial Discrimination Act 1975, to prohibit compelled speech and censorship, to provide platform immunity, and for related purposes.
Part 1 – Preliminary
1.Short title: Freedom of Speech Act 2026.
2.Commencement: The day after Royal Assent.
3.Objects:
oTo establish a broad right to freedom of expression, including opinions that are offensive, shocking, or unpopular.
oTo declare that there is no right in law not to be offended by lawful expression.
oTo limit restrictions on speech to narrow categories consistent with representative government, public order, and the implied freedom of political communication.
oTo repeal overbroad provisions such as section 18C of the Racial Discrimination Act 1975.
4.Definitions:
oLawful expression: Any expression that does not fall within the unprotected categories in Part 3.
oEssential services: Banking, telecommunications, internet infrastructure, domain services, etc.
Part 2 – Right to Freedom of Expression
5.Right to expression: Every person has the right to hold and express any opinion or idea in any form (spoken, written, online, artistic, etc.), including on matters of race, religion, politics, immigration, culture, or public policy.
6.Scope: This right explicitly covers expression that is offensive, insulting, humiliating, shocking, blasphemous, or otherwise objectionable to some people.
7.No right not to be offended: No law creates a right for any person or group to be protected from exposure to lawful expression they find distressing or offensive.
Part 3 – Unprotected Expression (Narrow Limits)
8.Unprotected categories: Expression loses protection only if it:
oConstitutes incitement to imminent lawless action (directed to producing imminent illegal conduct and likely to do so).
oInvolves true threats of physical violence, fraud, perjury, blackmail, or direct assistance in a specific crime.
oBreaches narrow content-neutral laws (e.g., incitement to riot, direct threats).
oFalls under specific existing laws: child exploitation material, national security (with limits), contempt of court (procedural only).
9.Harassment clarification: Content that a person voluntarily accesses or subscribes to does not constitute harassment.
Part 4 – Restrictions on Government and Private Action
10. No censorship: Governments and agencies must not restrict or punish lawful expression, directly or indirectly.
11. No compelled speech: No requirement to affirm or endorse any belief as a condition of employment, education, services, or benefits.
12. Protected characteristic: Lawful expression (including off-duty or personal views on race, politics, etc.) is a protected attribute under the Fair Work Act 2009 and relevant discrimination laws. No discrimination, dismissal, or detriment on this basis.
13. Essential services: Providers cannot deplatform or refuse service based on lawful expression.
Part 5 – Internet and Platforms
14. Platform immunity: Interactive computer services (platforms, hosts, etc.) are not treated as the publisher of user-generated content (modelled on US Section 230).
15. Repeal of Online Safety Act 2021: Repealed in full. eSafety powers limited strictly to child sexual abuse material and direct illegal content (no "harmful" opinion policing).
16. Moderation: Platforms may set their own rules but cannot be compelled by government to remove lawful expression.
Part 6 – Repeals and Amendments (Key "Teeth")
17. Repeal of section 18C RDA:
Section 18C of the Racial Discrimination Act 1975 is repealed.
Section 18D (exemptions) is repealed.
Any related provisions in Part IIA of the RDA concerning racial vilification based on "offend, insult, humiliate or intimidate" are repealed.
Consequential amendments: References to 18C/18D in the Australian Human Rights Commission Act 1986 are removed or updated to reflect the repeal.
18. Other repeals/amendments:
Repeal or narrow federal "grossly offensive" or "insulting" communication offences in the Criminal Code Act 1995 (e.g., s.474.17 where overly broad).
Amend the Australian Human Rights Commission Act to prevent complaints based solely on lawful expression causing offence.
Repeal expansive online "harm" or hate speech duties.
Schedule 1 – Detailed Repeals:
Full text repeal of RDA s.18C and s.18D.
List of consequential amendments to other Acts.
Schedule 2 – Narrow Replacement Offences (if needed):
A new, narrow criminal provision in the Criminal Code: Publicly inciting imminent violence against a person or group on the basis of race (or any characteristic), with intent and likelihood of causing such violence. Penalty: up to 5 years imprisonment (high threshold only – not mere criticism or "hatred" without imminent action).
This replaces broad civil "offence" regimes with a targeted criminal one focused on real harm.
Part 7 – Enforcement and Remedies
19. Civil right of action: Persons whose free speech rights are violated may sue in the Federal Court for damages, injunctions, declarations, and costs (indemnity basis for successful claimants).
20. Anti-SLAPP protections: Early dismissal of abusive lawsuits against public participation, with costs awarded against the filer.
21. Annulment: Past findings, penalties, or records under repealed provisions (including 18C complaints that would now be lawful) are annulled or expunged where possible.
Savings and Application
This Act binds the Crown and applies to the full extent of Commonwealth power (telecommunications, corporations, external affairs, territories).
Encourages States and Territories to pass complementary legislation for areas like public order.
Does not affect genuine defamation (civil), direct threats, or national security laws.
Consistent with the High Court's implied freedom of political communication; this Act strengthens and clarifies it.