Toothless incitement laws

New hate speech review

The Executive Council of Australian Jewry (ECAJ) has welcomed a review of NSW's toothless incitement laws.

Muslim cleric Wissam Haddad is of the preachers who has incited against Jews since October 7. Screenshot: YouTube
Muslim cleric Wissam Haddad is of the preachers who has incited against Jews since October 7. Screenshot: YouTube

The Executive Council of Australian Jewry (ECAJ) has welcomed a review of NSW’s toothless incitement laws.

NSW Premier Chris Minns and Attorney-General Ron Hoenig announced last Friday that former Chief Justice Tom Bathurst will lead a review into Section 93Z of the Crimes Act, which makes it unlawful to incite violence against an individual or group based on religion, race and a range of other characteristics.

It comes after not one successful prosecution in five years, while since October 7 a slew of Islamic preachers have made sermons inciting against Jews.

At Roselands Mosque last week, Sheikh Kamal Abu Mariam said in Arabic, “Oh Allah, we hope you count them [Jews] and kill them one by one.”

ECAJ co-CEO Peter Wertheim said the Premier and government are to be commended for the review “of the apparent shortcomings” of the law.

“Something similar is needed at the federal level as well,” he added.

“Because criminal liability cannot be enacted retrospectively, any law reform that may eventuate will not apply to the shocking examples of hatemongering we have seen in Sydney since October 7 last year, and they will have to be dealt with via civil action.”

The NSW Jewish Board of Deputies on Tuesday thanked “the many faith leaders who have expressed support for the review”, including Hindu Council of Australia vice-president Surinder Jain and NSW Faith Affairs Council chair Rev Dr Michael Stead.

Prominent Lebanese-Australian doctor Jamal Rifi has also backed the move.

However, Australian National Imams Council (ANIC) president Sheikh Shadi Alsuleiman said in a letter sent to the Premier last weekend that while he supported having a review, he was concerned that Minns’ media statement’s “alignment with the narratives of major pro-Israeli and anti-Palestinian media outlet (sic) and individuals appears to specifically target my community”.

Noting, “It has been deeply disappointing that there has been no condemnation of the Muslim hate preachers from mainstream Muslim leaders”, Wertheim countered this week, “Several large Muslim organisations in Australia have for several years been urging governments to introduce new laws to prohibit religious vilification. It is therefore puzzling to say the least that they have now criticised the NSW Premier for announcing a review.”

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