Politics

AFP Clears Hanson Under New Hate Speech Laws: What the Decision Tells Us

Marian ElleryPublished 8h ago4 min readBased on 3 sources
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AFP Clears Hanson Under New Hate Speech Laws: What the Decision Tells Us

The Australian Federal Police has closed its investigation into Pauline Hanson's comments about Muslim Australians, determining they do not breach the Commonwealth's new hate speech laws.

The AFP received several complaints about remarks Hanson made on Sky News on 16 February 2026. During the segment, Hanson said: "You say, Well, there's good Muslims out there – how can you tell me there are good Muslims?" Guardian Australia reported on 20 February 2026 that federal police had "received reports of a crime" in relation to the comments, triggering an assessment under the newly enacted hate speech framework.

The AFP specifically determined the comments do not meet the threshold for offences under the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026, which the Albanese government passed in January 2026 following the Bondi terror attack. The legislation increased penalties for advocating or threatening force or violence and created a new mechanism for listing prohibited hate groups. Guardian Australia first reported the determination on 31 July 2026.

The AFP's hate speech enforcement work sits under Operation Arques. In a statement published on afp.gov.au on 19 December 2025, AFP Commissioner Krissy Barrett told a press conference that "hate speech and the weaponisation of words can have serious national security consequences." Barrett also said the comments then under investigation "do not meet the threshold for terrorism." She issued a second statement on 30 December 2025 welcoming the federal government's plans to strengthen hate speech laws and expressing concern about vulnerable adults and youth.

Those December 2025 statements came nearly two months before the formal complaints about Hanson. The legislation applied to the Hanson assessment had not yet passed parliament when Barrett spoke.

Hanson's Senate colleagues had already moved against her before the AFP finished its work. In March 2026, the Senate censured Hanson over the Sky News comments in a motion backed by Labor, the Greens, crossbench senators and two Liberals. It was the second censure against Hanson in four months. She dismissed it as a "stunt" and later told the ABC she did not believe there are no "good" Muslims, offering a conditional apology.

The broader context here is a stress test of how far the new laws actually reach. The 2026 Act targets conduct that advocates or threatens force or violence and disrupts extremist networks through the prohibited hate groups listing. Hanson's comments, while widely condemned, were assessed against a criminal threshold — the bar police and prosecutors must clear to lay charges — which requires more than offensive or inflammatory rhetoric. The AFP's determination confirms that the gap between what the Senate considers censurable and what federal police consider prosecutable remains wide. A censure is a political judgement by the chamber; a criminal threshold is a legal one. The two measures are not designed to produce the same answer, and here they did not.

The outcome will be read carefully by those who argued the new laws could be turned against political speech that falls short of incitement. It will equally frustrate those who expected the post-Bondi legislative response to give police tools to act against high-profile statements that generalise about an entire religious group. The AFP has applied the statute as written: Hanson's remarks did not advocate or threaten force or violence, and the prohibited hate groups provision was never relevant to a single senator's television commentary.

What remains unresolved is the political appetite for further legislating in this space. The government passed the Act in response to a specific national security event. Every test case that returns a "no offence" finding from the AFP will add fuel to arguments from both sides — either that the laws are toothless or that they correctly draw the line at incitement rather than offence. The Hanson matter is the first high-profile public test, but it is unlikely to be the last.