Antisemitic chants could be banned under new hate speech laws

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Antisemitic chants could be banned under new hate speech laws

By Matthew Knott

Antisemitic phrases chanted by pro-Palestine protesters near the Sydney Opera House following the October 7 terror attacks could be banned under hate speech laws being drafted by the federal government.

Communications Minister Michelle Rowland said the government had not decided whether people should face jail time for vilifying others based on race, sexuality, gender, disability or religion, but said the government was looking “very closely” at penalties to ensure the laws are effective.

Communications Minister Michelle Rowland said the rise in antisemitism was “completely unacceptable”.

Communications Minister Michelle Rowland said the rise in antisemitism was “completely unacceptable”.Credit: Alex Ellinghausen

This masthead reported on Sunday that Attorney-General Mark Dreyfus is drafting a hate speech bill that would carry criminal rather than civil penalties, and is likely to cover deliberate acts that intend to incite violence or cause harm.

Amid a debate over rising incidents of antisemitism since the war in Gaza begun, Greens leader Adam Bandt refused to be drawn on whether he supported a two-state solution in the Middle East or a homeland for the Jewish people in Israel.

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As the government trials age verification technology for social media, gambling and pornography sites, Rowland said she supported age limits for social media, while adding there was a “live debate” over whether the age should be set at 16 years old or younger.

She also said that she hopes Nine, publisher of this masthead, adheres to “appropriate processes” in responding to allegations its recently departed television new boss Darren Wick behaved inappropriately towards female staff.

Both the media and politics stood out as fields that needed to lift standards of behaviour, she said.

The Australian revealed this week that Mr Wick left the media company in March with a near-million-dollar golden handshake.

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“Well, I would think that all workplaces need to adhere to their policies in relation to how these matters are handled and I would say this in the media, the media sector has been highlighted in recent years as an area that needs improvement,” she told Sky News.

Rowland said the government was determined to act to strengthen protections against hate speech, adding that she believed the issue “should be above politics”.

Asked whether phrases such as “f--- the Jews”, which were chanted at the Sydney Opera House after the October 7 attacks in Israel, could be covered by the hate speech laws, Rowland told Sky News: “Potentially, because if that satisfied the criteria for hate speech, then this would operate in any scenario.”

Rowland said she could not reveal whether the government was considering prison sentences as a potential penalty for hate speech but added: “I will say that the area of penalties is one that has been examined very closely in terms of ensuring that these laws are effective.”

Rowland said she had received a distressing phone call from a friend whose child attends Mount Scopus, a leading Jewish school in Melbourne where threatening graffiti was found on the front fence on Saturday.

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“I’ve never had someone on the phone, a friend like that, so distressed about that what’s happened. She said: ‘My grandparents and my husband’s grandparents fled the Holocaust and now we are here in Australia seeing this.’ So it is completely unacceptable,” she said.

Pressed on whether he supported independent Israeli and Palestinian states, Greens leader Adam Bandt told the ABC’s Insiders that “our view is that Israelis and Palestinians are both equally entitled to live in peace and security and exercise their rights to self-determination in accordance with international law”.

Rowland said that “the breakdown in social cohesion is one that this government takes very seriously ... and we make it clear that as a government we will not tolerate the kind of hatred and abuse on the basis of people’s race or religion”.

Rowland added: “I think there should be age limits on social media. Whether 16 is the correct age or not, is something that is the subject of live debate.”

Prime Minister Anthony Albanese last week backed calls to ban children from registering social media accounts until they are 16, saying that too much time spent online was damaging children’s mental health.

Executive Council of Australian Jewry co-chief executive Peter Wertheim.

Executive Council of Australian Jewry co-chief executive Peter Wertheim.Credit: NSWJBD

Executive Council of Australian Jewry co-chief executive Peter Wertheim said: “Time and again we have seen gross examples of anti-Jewish hate speech on our campuses and streets, and online, go unpunished. No one has been prosecuted and there is no deterrence.

“Only tough Commonwealth legislation can provide the consistency of approach across Australia that is needed to convey a strong message against hate speech.”

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Rodney Croome, spokesman for LGBTQIA+ advocacy group Just.Equal Australia, said: “We welcome the reports that hate crime penalties will be extended, but the devil will be in the detail.

“Will vilification on the grounds of gender identity and sex characteristics be included and will the kind of protection currently provided under 18c [of the Racial Discrimination Act] be made available for LGBTIQA+ people?”

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