Freedom of speech and assembly is being curbed by legislation designed to address hate speech. What does this mean for the boycott, divestment and sanctions (BDS) movement?

Legislation being passed supposedly to address hate speech and related topics such as hate groups and their conduct is giving rise to fears that freedom of speech, freedom of assembly and other human rights will be affected.

An example is NSW legislation enacted both before and following the December 2025 Bondi Beach mass shooting in Sydney. In October 2025, Supreme Court Justice Mitchelmore ruled that a section of the Law Enforcement (Powers and Responsibilities) Act was invalid because it impermissibly burdened the implied freedom of communication on government and political matters (Lees v NSW [2025] NSWSC 1209). The law gave police powers to direct protesters to move on or desist if they were near a place of worship, even if there was no basis to believe worshippers felt obstructed, harassed or fearful. The challenge was brought by the Palestine Action Group and was seen as a win for the pro-Palestine movement.

In the wake of the Bondi Beach shooting, the NSW government enacted further legislation that amended existing laws addressing terrorism and the conduct of public assemblies. The amending laws restricted protests. These were challenged in the Court of Appeal by certain protest groups, including the Palestine Action Group. The Court struck down the laws as “impermissibly burdening” the implied right to freedom of political communication (Jarrett v NSW [2026] NSWCA 62).

The laws in question had given police the power to make a declaration preventing the........

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