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Property Law

How Do Queensland Hate Speech Laws 2026 Affect Brisbane?

(Updated ) Queensland hate speech laws 2026, hate speech law Queensland, prohibited symbols QLD, property owner liability Brisbane, body corporate hate speech
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Direct Answer

Queensland’s new hate speech laws, enacted in the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026, create criminal offences for serious hate speech and introduce regulation of prohibited symbols. In Brisbane and across Queensland, these laws affect property owners, landlords, tenants, and body corporate committees who may unknowingly allow hateful conduct on their land or in their online property-related communications. Understanding your obligations now can help you avoid criminal exposure and costly disputes.

Key Takeaways

  • Queensland passed new hate speech laws in 2026 that apply to serious hate speech and prohibited symbols.
  • Property owners can face liability if they knowingly allow prohibited symbols or serious hate speech on their property.
  • Landlords and body corporate committees should review tenancy agreements and by-laws to align with the new criminal offences.
  • The laws also apply to social media, so property businesses must monitor their online content and comments.
  • If you see a prohibited symbol or hate speech on your property, document it, report it to the police, and seek legal advice immediately.

How Do Queensland Hate Speech Laws 2026 Affect Brisbane?

In March 2026, the Queensland Parliament passed the Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026, which introduced new criminal offences for serious hate speech. The Criminal Code (Prohibited Symbols) Amendment Regulation 2026 was also made to identify specific symbols that cannot be displayed, published, or possessed in certain circumstances.

A breach of these laws can lead to serious criminal consequences, including significant fines and imprisonment. The offences are designed to capture conduct that is intended to incite hatred, serious contempt, or severe ridicule against a person or group based on attributes such as race, religion, sexuality, gender identity, or disability.

For property owners and managers in Brisbane, the practical effect is significant. The display of prohibited symbols on your premises — whether on a building, vehicle, or signage — could expose you to liability if you knew about it and did not act. Social media posts associated with your property business can also be caught, so you need a clear content moderation policy.

Practical Application in Australia (Queensland Focus)

Landlords and Tenants

If you lease residential or commercial property, your tenant’s conduct can create legal risk for you. A tenant who displays a prohibited symbol on a balcony, window, or front yard may be committing a criminal offence, and you could face issues if you seem to tolerate it. Tenancy agreements should include a term obligating tenants to comply with all State and Commonwealth criminal laws, and to remove any offending material when asked.

Body Corporate and Community Title

Body corporate committees in Brisbane strata schemes must also pay attention. Under the new law, common property such as hallways, car parks, and noticeboards must not be used to display prohibited symbols. A committee that ignores a persistent issue may be seen as condoning hate speech, potentially leading to legal action from other owners or the police. Consider updating your body corporate by-laws to prohibit hateful displays and to allow committee action to remove them quickly.

Property Businesses and Social Media

Real estate agents, property developers, and conveyancers also need to exercise care. If your business Facebook page or Instagram account carries comments containing serious hate speech, and you do not remove them once aware, you could be charged under the new provisions. The same applies to email marketing or online advertisements. We recommend setting up a moderation system to review and remove offensive content promptly.

Common Risks and Mistakes

  1. Thinking it is just a ‘freedom of speech’ issue – The new laws draw a line between lawful expression and serious hate speech. Not realising that a comment or symbol crosses that line can leave you exposed.
  2. Failing to act when tenants display symbols – Ignoring a prohibited symbol because it is ‘not your business’ can result in your own criminal liability if the police investigate.
  3. Body corporate inaction – Committees that fail to enforce by-laws or remove offensive material from common property may face internal disputes, fines, or even prosecution.
  4. Unmanaged social media pages – Offensive comments left visible on your business page can be attributed to you in a legal sense if you become aware of them and do not remove them.
  5. Not seeking up-to-date legal advice – The law is new and untested in Queensland courts. Relying on general community discussion can be dangerous. Always check the current law with a qualified legal professional.

Step-by-Step: What to Do If You See a Prohibited Symbol on Your Property

  1. Do not touch or remove it yet – Photograph and video the material to establish evidence.
  2. Note the details – Record when you saw it, where, and who may have placed it there.
  3. Report to the Queensland Police – Call Policelink on 131 444 or attend your local station if the matter is serious or urgent.
  4. Notify the relevant parties – If you are a landlord, inform the tenant in writing. If you are on a body corporate committee, notify the property manager and owners.
  5. Seek legal advice – Contact our team to understand your exposure and to guide you through any police interview or court process.

Table: Property Scenarios and Expected Approach

Scenario What you need to know Recommended action
Tenant displays a symbol May be a criminal offence under the 2026 laws Issue written notice, report to police
Body corporate common area Committee can be liable for inaction Update by-laws, remove material
Business social media page Serious hate comments can be attributed to you Delete, moderate, and report abuse
Property signage / billboard Own or control the sign? You may be responsible Remove promptly and document
Buying or selling property Offending display may affect the sale / inspection Disclose honestly; seek legal input

Practical Next Steps

If you are a property owner, landlord, tenant, or body corporate committee member in Brisbane or anywhere in Queensland, review your tenancy arrangements, by-laws, and social media policies now. The laws are new, and the courts will develop interpretations over time. Our team at Enlight Lawyers can help you:

  • Review and update leases and by-laws
  • Respond to a police request or charge
  • Develop social media moderation policies
  • Obtain advice before you display or continue to display any potentially offensive material

We are here for you. At Enlight Lawyers, we offer a free initial consultation and fixed fees so you can act with confidence. Call us on (07) 3495 1884 or contact us online to speak with one of our experienced solicitors. If you would like to learn more about the firm, meet our lawyers or explore how we can assist with property law matters.

Frequently Asked Questions

### What is the new hate speech law in Queensland?
### What is the new hate speech law in Queensland? The Fighting Antisemitism and Keeping Guns out of the Hands of Terrorists and Criminals Amendment Act 2026 inserted new criminal offences into Queensland’s Criminal Code for serious hate speech, along with powers to deal with prohibited symbols.
### Does the law apply to social media?
### Does the law apply to social media? Yes, the offences apply to communications made by any means, including social media, provided the conduct meets the threshold of serious hate speech and other elements of the offence.
### Can a landlord be charged for a tenant’s hate speech?
### Can a landlord be charged for a tenant’s hate speech? A landlord could face legal consequences if they knowingly permit continued prohibited conduct on their property, but it depends on the facts and the level of awareness. Police would need to prove knowledge or recklessness.
### What are the penalties?
### What are the penalties? Penalties can include substantial fines and imprisonment. Exact maximum penalties are set out in the legislation, and we recommend checking the current Queensland Criminal Code or seeking advice.
### What symbols are prohibited?
### What symbols are prohibited? The Criminal Code (Prohibited Symbols) Amendment Regulation 2026 lists specific symbols. Examples often include Nazi-related and other extremist insignia, but you should verify the current regulation for the full list.
### Does this affect body corporate by-laws?
### Does this affect body corporate by-laws? Yes. Body corporate committees should ensure by-laws are consistent with the law, and they may need to introduce new by-laws to manage hateful displays on common property.
### What should I do if someone sends me hate speech about my property listing?
### What should I do if someone sends me hate speech about my property listing? Save the evidence, do not engage, report the message to the platform, and consider contacting the police or our office if the content is serious.
### Can I still express political or religious views on my property?
### Can I still express political or religious views on my property? The law protects genuine political, religious, and artistic expression. Only serious hate speech — conduct that incites hatred, contempt, or severe ridicule — is captured. If you are unsure, we recommend obtaining advice before displaying public commentary.