This analysis paper proposes that the growing push for stronger hate speech laws in Australia is based on a ‘legislative fantasy’ that risks distracting from deeper cultural and institutional failures allowing antisemitism to flourish.

The paper contends that expanding speech regulation will do little to address the underlying causes of antisemitism and may further weaken the civic institutions that historically helped contain it. It outlines that recent antisemitic incidents in Australia – including the December 2025 attack at Bondi Beach – have prompted a predictable political response: calls for new laws, expanded regulatory powers and greater government intervention. However, the paper contends that evidence from other democracies suggests such measures rarely succeed.

The paper emphasises that violent acts, threats and incitement should be prosecuted firmly. However, it warns against expanding the criminal law into the regulation of ideology or offensive expression.

Rather than expanding hate speech laws, the paper calls for a renewed focus on rebuilding the institutions of civil society. These include strengthening civic education in schools, restoring intellectual diversity in universities and significant reductions to public funding for humanities research, public broadcasting and arts institutions, returning those funds to citizens rather than leaving them in the hands of bureaucrats.

It concludes that restoring strong mediating institutions – families, communities, schools and civic associations – is essential to countering antisemitism and preserving the foundations of a liberal democracy.

The paper is provided with an audio option.