Legislation ‘not the game changer it could have been’
'Just outlawing explicit threats of violence is not enough. Hateful rhetoric and celebrating violence is every bit as dangerous'
New legislation strengthening Australia’s hate speech laws that passed last Thursday “is not the game changer it could have been”, Executive Council of Australian Jewry (ECAJ) president Daniel Aghion said.
The Criminal Code Amendment (Hate Crimes) Bill 2024, which Attorney-General Mark Dreyfus told The AJN was “a direct response to the shocking rise in antisemitism over the past year”, creates new criminal offences and targets advocating and threatening the use of force or violence against a group, a member of a group or a place of worship.
The passage of the legislation followed the government agreeing on Wednesday to a Coalition demand to introduce mandatory minimum sentences for perpetrators of terrorism offences and displaying hate symbols.
Dreyfus told The AJN the legislation “delivers the toughest laws Australia has ever had against hate crimes”.
“The overwhelming vote in our national parliament sends a clear and unambiguous message that antisemitic acts are criminal acts and will not be tolerated,” he said.
An amendment by independent Member for Wentworth Allegra Spender outlawing serious vilification – such as that practised by hate preachers – was not supported by the major parties. Spender said she was “disappointed” at the outcome.
While welcoming the introduction of minimum mandatory penalties, Aghion noted that in the ECAJ’s submission the roof body advocated for the Bill to go further and outlaw serious vilification and the promotion of hatred.
“Just outlawing explicit threats of violence is not enough. Hateful rhetoric and celebrating violence is every bit as dangerous,” he said.
He noted that Spender’s proposal “closely followed our own submission”.
“While we were disappointed that neither Labor nor the Coalition supported Spender’s amendment, we hope that they will consider introducing tough new laws criminalising hate speech in the near future,” he said.
ECAJ co-CEO Peter Wertheim said last week the bipartisanship on the Bill itself “sends a powerful and much-needed message of zero tolerance to potential perpetrators of these offences”.
“If there is to be any hope of stamping out this hateful behaviour and the appalling antisemitic violence it has spawned in recent times, prison sentences and fines are called for,” he said.
Zionist Federation of Australia (ZFA) president Jeremy Leibler said last week the legislation sends a powerful message: if you promote hate in Australia, you will be held accountable”.
ZFA CEO Alon Cassuto added, “Stronger laws matter—but they are only part of the solution.
“Only education, leadership, and a strong community response can prevent hate from taking root in the first place.”
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