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Fears hate speech laws could make anti-Semitism worse

A surge in anti-Semitic attacks on cars and buildings is alarming the Jewish community. (Bianca De Marchi/AAP PHOTOS)

By Andrew Brown in Canberra

Hate-speech laws designed to curb anti-Semitism in the community could instead exacerbate the issue, experts warn.

Following a spate of anti-Semitic attacks, the federal government flagged laws that would criminalise violent threats against religious groups could be raced through parliament.

Attorney-General Mark Dreyfus said the laws, which create an offence for threatening force or violence against a group and were introduced to parliament in 2024, would be a priority when parliament returns in February.

“Right now, the government has a bill before the parliament to criminalise hate speech and we want that legislation passed as soon as possible,” he said.

People found guilty of the hate speech laws would face up to seven years in prison for serious breaches.

Political leaders have called for hate speech laws to be bolstered in an attempt to reduce anti-Semitic attacks, after cars were set alight and synagogues burnt and anti-Jewish slurs have been painted on buildings.

But human rights expert Bill Swannie from the Australian Catholic University said the hate speech laws could have the opposite effect of what they set out to do.

“What we have seen in the past of criminalising hate speech laws is that it gives publicity to the wrong people and exacerbates targets for communities, rather than protect them,” Dr Swannie told AAP.

“It tends to be like moth to a flame in terms of attracting more hate speech.”

Dr Swannie said the push for hate speech laws to be toughened might be seen as only allowing political leaders to appear to be cracking down on anti-Semitic attacks.

“Politicians are under extreme pressure to do something about it,” he said.

“The more effective solution would be education and at an early stage, about the benefits of multiculturalism and racial tolerance, rather than stamp it out at the tail.”

It comes as Australian police forces agreed to set up an anti-Semitism taskforce, which will meet monthly to share information, following a meeting of state, territory and federal commissioners.

“While each agency is well equipped to deal with matters in their jurisdiction, the sharing of intelligence and information is invaluable and Australian agencies have used this approach for many years with great success,” a statement following the meeting said.

“This will work to consolidate existing joint arrangements and ensure a specific formal forum for collaboration on this issue.”

Law professor at UNSW Luke McNamara said the proposed hate speech laws may not be enough.

“If introduced, they would only change the status quo very modestly and it is already a criminal offence to urge violence,” he said.

But former attorney-general George Brandis said stronger hate speech laws were needed.

“We’re talking about threats of violence against Jewish people. We’re talking about the intimidation of Jewish people,” he told ABC Radio on Thursday.

“None of those social pathologies can be justified on the basis of freedom of speech.”

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2 Responses to Fears hate speech laws could make anti-Semitism worse

cbrapsycho says: 24 January 2025 at 12:15 am

Despite having no detail of the proposed laws, they could be helpful if they target all hate speech and all racism, rather than just that against a specific group.

Where is the anti-Islamophobia task force? Where is the publicity of anti-Islamic attacks? We’ve heard Islamic leaders condemn the anti-semitism and whilst one Jewish group (Jewish Council of Australia) has condemned all racism and all attacks on any religious group, other Jewish groups have not mentioned anti-Islamic attacks, nor have most media or politicians. Why?

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