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CDU EXPERT: Hate speech laws must be ‘robust’ and ‘restrained’, forensic linguist urges

Charles Darwin University 2 mins read

TUESDAY JANUARY 20 2026

Who: Charles Darwin University (CDU) forensic linguist and legal discourse analyst Dr Awni Etaywe, who has lodged a formal expert submission to the Australian Parliamentary Joint Committee on Intelligence and Security as part of its inquiry into the Combatting Antisemitism, Hate and Extremism Bill 2026.

Topics:

  • Dr Etaywe’s submission, A Forensic and Legal Linguistic Perspective: Review of the Exposure Draft Legislation – Combatting Antisemitism, Hate and Extremism Bill 2026, examines how key terms in the Bill, such as fear, hatred, and leadership operate linguistically and legally in shaping criminal liability.
  • The submission focuses on the Bill’s proposed aggravated offences for “religious officials or spiritual leaders,” questioning whether this framing accurately reflects how antisemitism, hate speech, and extremist discourse circulate across religious, political, and secular domains.

Contact details:
Call +61 8 8946 6721 or email [email protected] to arrange an interview.

Quotes attributable to CDU Forensic Linguistics Researcher Dr Awni Etaywe:

“Language is never neutral in law. How we define terms like ‘fear’, ‘hatred’, or ‘leadership’ directly shapes who is regulated, punished, or silenced. My submission examines whether the Bill’s language is sufficiently precise to target genuine hate and extremism without capturing legitimate political expression.

“Antisemitism, understood as hostility towards or discrimination against Jews as a religious or racial group, is not simply religious hostility – it is a historically specific, racialised and conspiratorial discourse that operates across political, institutional, and digital spaces. Focusing aggravated criminal responsibility primarily on religious leaders risks misaligning regulation with how antisemitic discourse actually functions in society.

“From a linguistic perspective, ‘fear’ is often an irrealis affect – it relates to anticipation, perception, and imagined futures rather than demonstrable harm. If fear alone becomes a legal threshold, there is a real risk that protest against state violence, unlawful occupation, or alleged international crimes could be misconstrued as criminal incitement.

“Effective hate crime legislation must be both robust and restrained. Precision in language is essential – not only to combat antisemitism and extremism, but to uphold Australia’s commitments to freedom of expression and international human rights law.

“Forensic linguistics offers tools to help lawmakers distinguish between incitement to hatred and violence and the legitimate expression of moral outrage, solidarity, or political critique. Getting that distinction right is crucial for both justice and social cohesion.”


Contact details:

Raphaella Saroukos she/her
Research Communications Officer
Marketing, Media & Communications
Larrakia Country
T: +61 8 8946 6721
M: 0427 895 533
E: 
[email protected]
W: 
cdu.edu.au
 
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