Australia Passes Hate Speech Law That Could Jail Residents For Six Years To Combat Antisemitism And Protect LGTBQIA+ Communities
“I want people who are engaged in antisemitism to be held to account, to be charged, to be incarcerated,” Prime Minister Anthony Albanese told Sky News.
The Australian government and two provinces have enacted strict hate crime laws that include strict penalties including six years in prison, in what provincial leaders say is to tackle the rise of antisemitism and other groups such as the LGTBQIA+ community.
In February, the federal government and provincial government of New South Wales announced changes to their hate crime laws, under the guise of “the spate of antisemitic attacks in New South Wales and Victoria over the last few months,” Australian outlet LSJ reported at the time.
“I want people who are engaged in antisemitism to be held to account, to be charged, to be incarcerated,” Prime Minister Anthony Albanese told Sky News, who originally was against mandatory minimum sentences for hate crimes.
Home Affairs Minister Tony Burke, who introduced these new stringent amendments, said the alterations were the “toughest laws Australia has ever had against hate crimes.”
Reuters reported in February: "Recent months have seen an escalation of attacks on synagogues, buildings and cars of Jewish community members across the country, including the discovery of a caravan laden with explosives with a list of Jewish targets in Sydney.
The Australian Human Rights Commission explains in detail the new offenses and penalties on its website. The commission notes “These offences protect groups distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, national or ethnic origin or political opinion.”
These new laws include:
The new laws increase the maximum penalties for the offences relating to the display of Nazi symbols, the Nazi salute and prohibited terrorist organisation symbols from one year to five years, and impose mandatory minimum sentences of 12 months’ imprisonment for these offences. They also impose mandatory minimum sentences for certain terrorism-related offences ranging from one to six years.
Expanded Offenses: The Crimes Act 1900 (NSW) already contained an offence of displaying a Nazi symbol, by public act and without reasonable excuse. This offence is punishable by a maximum of 12 months' imprisonment. The new amendment has introduced a new specific offence for displaying Nazi symbols on or near synagogues, Jewish schools and the Sydney Jewish Museum, with a maximum penalty of two years. The meaning of ‘public act’ for the offences of threatening or inciting violence and the offences of displaying Nazi symbols, which already included ‘writing’, was expanded to also specifically include ‘graffiti’.
New offences: New offences have been enacted for intentionally blocking a person from accessing or leaving places of worship without reasonable excuse, and for harassing, intimidating or threatening people accessing or leaving these places, with a maximum penalty of two years. The NSW Government has also enacted a new criminal offence for intentionally and publicly inciting racial hatred, with a maximum penalty of two years’ imprisonment, fines of up to $11,000, or both, and with fines of $55,000 for corporations. This offence will be automatically repealed after 3 years.
On top of this, earlier this month neighboring province Victoria reformed their hate crimes laws, implementing stiffer penalties.
The accepted legislation was supposed to originally combat “Islamophobia,” but was then changed to cover antisemitism and so-called threats against the LGTBQIA+ community. The expanded hate crime laws, reported by The Noticer, now also include disability, “gender identity”, race, religious belief or activity, sex, sex characteristics, sexual orientation, and “personal association with a person who is identified by reference to any of the above attributes”.
The Guardian reports that those found guilty of serious vilification offences, such as inciting hatred or making physical threats, will face up to five years in prison after the “anti-vilification and social cohesion” bill.
Premier Jacinta Allan explained that the five-year jail prison sentence would “hold perpetrators to account for their actions” and cited examples of “posting photos on social media that severely ridicule a person with disability or expressing hateful comments about a group’s race at a public meeting”.
“It’s another strengthening of the laws, the strengthening of police powers, and doing it in a really powerful way. It’s about saying this is the sort of society we want to see here in Victoria, where you can be free from hate,” she added.
The legislation also contains what was dubbed the “Sam Kerr clause,” referring to a half-Indian female lesbian soccer star in Australia who had charges dropped against her and was found not guilty after vilifying a white police officer and calling the officer “F-ing stupid and White” in 2023.
MP Georgie Purcell, who supported the Kerr clause, “We recently saw in the Sam Kerr trial the way that laws designed to prevent vilification and discrimination can be weaponised against their intended purpose,” Purcell said. “It was important to many of us on the crossbench that these new laws were implemented to be accessible for the communities who need them while also not being exploited.”
The Noticer covered some of the other addtional restrictions added to the law:
Two additional civil protections have also been added to the Equal Opportunity Act – a modified incitement-based protection and a harm-based protection, both intended to “capture public conduct (including online) that is hateful or incites hate”.
Public conduct includes any form of communication (including speaking, writing, displaying notices, playing of recorded material, broadcasting and communicating through social media and other electronic methods) to the public; actions and gestures, and the wearing or display of clothing, signs, flags, emblems and insignia, observable by the public; and the distribution or dissemination of any matter to the public.
Exceptions remain in the bill to protect activities done reasonably and in good faith for artistic, academic, public interest, religious (including worship, observance, practice, teaching, preaching and proselytising), and scientific purposes, as well as the making or publishing of a fair report of any event or matter in the public interest.
The criminal elements of the bill come into effect in September, followed by the civil provisions in June next year.
Equality Australia welcomed the passage of this bill. CEO Anna Brown said in a statement:
“Our communities have finally been afforded the same protections against hate and bigotry that have existed on the grounds of race and religion for over 20 years. The Bill also strengthens existing laws to better protect vulnerable communities across Victoria, ensuring we stop hate before it escalates into acts of violence.”
Brown said these are about “cutting off hate at its source.” “Attacks on the queer community have escalated in recent years and harassment, discrimination and violence shockingly remain a lived experience for many people. This legislation makes it clear that hate is not just against humanity – it’s against the law.”
The bill also received support from Jewish lobbyist groups. The Noticer pointed out the coalition of the Labor Party and far-left Greens initially voted against the expansion of existing “hate speech” laws, but ultimately passed, after earlier this year Labor dropped a “genuine political purpose” defense as a result of lobbying from Jewish groups.
Philip Zajac, President of the Jewish Community Council of Victoria, said his community had been advocating for restrictions for years.
“The passage of these new laws hopefully signals a new era in Victoria where those who are undermining our social cohesion face consequences for their destructive actions. The JCCV will work with our Jewish community and with police to ensure the laws help Jews and other minorities to live in safety and peace in Victoria.”
The Zionist Federation of Australia and Zionism Victoria released a joint statement of support from respective presidents Jeremy Leibler and Elyse Schachna.
“The Jewish community leadership unites in support of these hate laws, because those who perpetrate the most extreme acts of hatred must be held to account. We have been facing an explosion of hatred in Australia at a time when Victoria’s hate speech laws have been broken – with one successful prosecution for serious vilification in over 20 years.”
AUTHOR COMMENTARY
Job 6:25 How forcible are right words! but what doth your arguing reprove? [26] Do ye imagine to reprove words, and the speeches of one that is desperate, which are as wind?
Free speech continues to be eroded rapidly around the world at blistering speeds and there is no stopping it, as governments continue to bend the knee to minority groups and wealthy lobbyist groups. But if these “communities” don’t want all this vitriol and “conspiracy” levied against them, then don’t blackball the government to tighten the yoke around everyone’s neck.
For years now, I think we understand that these supposed rises in hate crimes are always so overblown and exaggerated, if not even outright made up. But this is the lame alibi we hear every time speech is legislated.
[7] Who goeth a warfare any time at his own charges? who planteth a vineyard, and eateth not of the fruit thereof? or who feedeth a flock, and eateth not of the milk of the flock? [8] Say I these things as a man? or saith not the law the same also? [9] For it is written in the law of Moses, Thou shalt not muzzle the mouth of the ox that treadeth out the corn. Doth God take care for oxen? [10] Or saith he it altogether for our sakes? For our sakes, no doubt, this is written: that he that ploweth should plow in hope; and that he that thresheth in hope should be partaker of his hope. (1 Corinthians 9:7-10).
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I am against anti-semitism, I see a big problem hidden within such laws. For those laws could be turned against born again Christians witnessing in public. ( as in offending Jews, but anyone can call them in and claim such.... my friend who hands out Tracts at the nearby university has many people say to him "I am Jewish" He responds with: "to the Jew First!" )
As far as Australia goes one can see it as the offspring of the U.K. so it comes as no surprise it is going that way and will go the way of the Dodo Bird.
I say Bless The Jews!; we know the whole world hates them, so suddenly to have all these anti-semetism laws coming about one has to wonder. They are forever and perpetually hiding other things within these laws they pass. When a law has a nice title given to it, look it up, and you will find many Democrats voted for it, and much evil hidden within. For exampel: Like NYS's "Good Neighbor Law"
It takes away the rights of landlords and gives all power to those who rent from those landlords even if they do not pay rent.
It is fast becoming clown world (from the picture posted above) Whatever is illegal, whatever is off track, whatever is abnormal, THAT's what these immoral clowns pass as law and we our commanded to obey them or go to jail or be fined. We're already in the NWO from all this craziness. Oh Lord, how long before you call us out of this wicked insane asylum? Hopefully this year. Tomorrow on Resurrection Sunday would be great. I can keep an open book of no appointments tomorrow, just the one way ticket to Paradise. See you all soon and Happy Easter everyone!🙏😇