https://reclaimthenet.org/australias-new-hate-speech-bill-reckless-contradictory...The message:
you can go to prison for causing theoretical discomfort in a theoretical person.
The measure’s core novelty is what it removes: proof of harm.
It’s “immaterial,” the draft says, whether “the conduct actually results in hatred” or whether anyone “actually” feels intimidated or fears harassment.
The courts will instead consider what a hypothetical “reasonable” member of the targeted group would feel, even if no such person exists in the case.
Prosecutors, the explanatory note clarifies, “would not be required to prove” any real fear at all.
The message: you can go to prison for causing theoretical discomfort in a theoretical person.
Rowland’s bill doesn’t stop at the town square or the street corner. It explicitly defines a “public place” to include any form of electronic communication, including social media, blogs, livestreams, recordings, and content posted from private property if the public can see it.
In other words, the living room webcam and the backyard podcast are now public arenas. A joke, a meme, or an overheard rant could be weighed for its impact on an imaginary “reasonable person” who never existed.
That five-year penalty isn’t for causing harm; it’s for crossing a line no one can quite locate.
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