What Happens When “Promoting Hatred” Becomes A Crime - Professor Ben Saul UN Special Rapporteur

We sit down with Professor Ben Saul, UN Special Rapporteur on human rights and counterterrorism, to unpack Australia’s post-crisis push for tougher hate and extremism laws and what that signals for democratic debate. We dig into where international human rights law draws the line on speech and why vague drafting and executive power can chill legitimate political criticism while failing to stop real violence.

• Australia’s lack of a federal Bill of Rights and why that leaves freedoms exposed
• what a UN Special Rapporteur does and how counterterrorism is meant to protect rights
• how the ICCPR treats freedom of expression and when limits can be lawful
• incitement to violence versus “glorification” and why the boundary matters
• problems with criminalising “promoting hatred” rather than inciting hatred
• the danger of subjective “fear” standards in a plural society
• religious texts and why religion should not shield incitement
• prohibited hate groups, ministerial discretion, procedural fairness and weak avenues to challenge listings
• why bans can push extremists underground and create a chilling effect

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