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Kasatkina's run in Adelaide comes to an abrupt halt

The proposed federal offence targets public conduct intending to promote racial hatred with up to five years imprisonment and excludes artistic defences, aiming to fulfill international treaty obligations.

  • On Monday at Parliament House, Prime Minister Anthony Albanese oversaw the federal government proposing a new criminal section making public conduct, including online, promoting racial hatred an offence with a five-year maximum penalty.
  • Relying on the `external affairs power`, the government implements treaty obligations from the International Covenant on Civil and Political Rights and CERD while section 18C of the Racial Discrimination Act remains in force and was recently upheld.
  • Defences in the draft are limited and exclude truth while allowing good‑faith public‑interest reports, but the explanatory memorandum says the term `promote` covers conduct encouraging hatred and bans an artistic defence like Pablo Picasso's Guernica.
  • The High Court of Australia will likely decide the provision's validity as it places a greater burden on the implied freedom of political communication, risking challenges from public communicators.
  • In 1995 the Keating government failed to criminalise racial hatred in the Senate, with the Coalition and the Western Australian Greens opposing it as social engineering and potential 'thought police' effects.
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Sydney Morning Herald broke the news in Sydney, Australia on Wednesday, January 14, 2026.
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