The Queensland government has officially confirmed that John Farnham’s 1988 hit "Two Strong Hearts" is not prohibited under state hate speech legislation. Attorney General Deb Frecklington clarified the matter on Monday, responding to a parliamentary petition that sought exemptions for songs and literature following recent arrests in Brisbane.
Why the John Farnham Song Remains Legal
The confusion stemmed from the song’s lyrics, specifically the line "like a river to the sea," which bears a phonetic similarity to the phrase "from the river to the sea." Queensland’s Summary Offences (Prevention of Discrimination at Work) and Other Legislation Amendment Act 2024 prohibits certain expressions under specific circumstances.
However, Attorney General Frecklington stated that the legislation includes a "high bar" for prosecution. According to the Queensland Parliament records, the law only applies to conduct that causes a member of the public to feel menaced, harassed, or offended. Crucially, the act explicitly exempts material used for genuine artistic, religious, educational, or historical purposes. The Attorney General confirmed that the law does not target existing cultural works like the Farnham track.
The Legislative Context in Queensland
The legislative framework gained public attention following the arrest of seven protesters in Brisbane’s central business district. Police took action against individuals allegedly displaying signage or chanting "from the river to the sea," which authorities categorized as prohibited conduct under the new state laws.
Legal experts note that the legislation is designed to balance public order with freedom of expression. Unlike broad censorship measures, the Queensland Government maintains that the act does not ban specific words or phrases in isolation, but rather regulates their use when they are intended to harass or menace others.
Comparison: Prohibited Conduct vs. Artistic Expression
To understand the legal boundaries, it is helpful to distinguish between protected cultural content and prohibited public conduct as outlined by the Queensland Attorney General’s office:
| Feature | Artistic/Cultural Works | Prohibited Public Conduct |
|---|---|---|
| Legal Status | Protected | Subject to prosecution |
| Primary Test | Genuine artistic/educational intent | Causes fear, menace, or harassment |
| Example | John Farnham’s "Two Strong Hearts" | Targeted use of restricted phrases |
What Happens Next
The government’s confirmation effectively closes the debate regarding the potential banning of classic Australian music under the current statutes. While the state continues to monitor public protests for compliance with the new laws, the Attorney General emphasized that the legislation is not intended to interfere with the daily lives of citizens or the consumption of literature and music. The government expects the current interpretation of the act to remain the standard for law enforcement and judicial review moving forward.