Home Affairs Minister Tony Burke

ASIO clears path for possible ban of Hizb ut-Tahrir under new hate speech laws

23 February, 2026

Radical Islamist organisation Hizb ut-Tahrir is a step closer to becoming the first group banned under Australia’s new hate speech legislation, after receiving preliminary approval from the nation’s domestic intelligence agency.

Home Affairs Minister Tony Burke confirmed that the Australian Security Intelligence Organisation (ASIO) has advised that Hizb ut-Tahrir meets the legal threshold to be listed as a prohibited organisation under the recently strengthened laws.

Speaking on ABC’s Insiders program, Mr Burke said the initial stage of the process had now been completed.

“The first stage in the process of a prohibited group listing happening for Hizb ut-Tahrir is now complete. The ASIO advice is in,” he said.

The proposed ban would mark the first time the federal government has moved to outlaw a group that falls short of being formally designated as a terrorist organisation.

Under the new hate speech framework, a group does not need to explicitly advocate violence to be banned. Instead, authorities must determine that its activities increase the risk of communal violence or politically motivated violence.

Mr Burke said the updated legislation was designed to address organisations whose conduct contributes to social division and heightened security risks, even if they stop short of direct calls for violent acts.

The next stage in the process requires the Attorney-General to formally sign off on the listing. This can occur once ASIO has provided its security assessment, a ministerial brief has been prepared, and the Leader of the Opposition has been notified.

If approved, Hizb ut-Tahrir would become the first organisation prohibited under the expanded hate speech provisions, marking a significant development in Australia’s national security and counter-extremism policy.

The move comes amid broader efforts by the federal government to strengthen safeguards against extremist ideologies and prevent the escalation of communal tensions.

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