Queensland’s Parliament has passed legislation to outlaw the public display and use of prohibited hate symbols.
Under the new laws, individuals found to be exhibiting what the government deems to constitute hateful insignia will be charged with a criminal offence. The legislative changes are part of overarching efforts to “protect Queenslanders from the distress associated with the display of symbols that are representative of an ideology of extreme prejudice against a particular religious, ethnic, gender or other relevant group.”
According to an official statement from the Queensland Government, the laws will be based on the outcome of display as opposed to the act of display itself. This means that when determining the severity of such an offence, a greater emphasis is now placed on the damage inflicted on the aggrieved party as opposed to an objective assessment of the act. Those guilty of breaching the new laws may face up to six months’ prison time.
“Displaying, publishing or distributing prohibited symbols in a way that might reasonably be expected to cause someone to feel menaced, harassed or offended will be a criminal offence with a maximum penalty of six months’ imprisonment,” the statement reads.
Israel-Palestine Link
The changes coincide with a number of instances surrounding hate crime following the recent assault on Israel by the terrorist group Hamas. The ongoing Israel-Palestine conflict has for many years spurred controversial acts of both anti-Semitism and Islamophobia across the Western world, with recent developments in Sydney catching national attention.On Monday night, a protest organised by advocacy group Palestine Action Sydney attracted swathes of pro-Palestine sympathisers marching through the Opera House Precinct around Circular Quay to voice their support.
Hundreds of people were seen chanting “[expletive] the Jews” and “[expletive] the jews” whilst burning and stomping on the Israeli flag. Organiser Josh Lees has come out in condemnation, claiming the anti-Semitic rhetoric on display was attributable to a small number of protestors. Similarly, the Global Imams Council (GIC) has vowed to ban and publicly censure any of its members found to be protesting in support of Hamas amid the conflict.
On Friday, three men in Sydney were arrested after being found to be performing Nazi salutes outside the Jewish Museum in Darlinghurst. The men were taken into custody just before midday and are currently being held at King’s Cross Police Station.
Displays like these are examples of specific acts that the Queensland Government’s new legislation is aiming to crack down on. Displays of anti-Semitic remarks and insignia will now be treated as hate crimes across the state but after consultation with the Queensland Crime and Corruption Commission (CCC), the Human Rights Commissioner and the Queensland Police.
It appears that globally, hate crimes are on the rise, particularly those with anti-Semitic motives. The Anti-Defamation League (ADL)—a U.S.-based organisation aimed at combating extremism—has found that reported hate crime incidents within America rose to 10,840 in 2021, the highest year on record. In its report, it also revealed that according to data from the FBI, the number of reported anti-Semitic hate crimes rose 19.6 percent from 683 in 2020 to 817 in 2021.
The Queensland Attorney-General, Minister for Justice and Minister for the Prevention of Domestic and Family Violence Yvette D’ath believes her state’s new reforms are an unprecedented measure in clamping down on hate crimes.
“Now, for the first time in our state’s history, Queensland will have an offence dedicated to prohibiting the public display of symbols of hate”, Ms. D’ath said in a statement.
“These reforms have been developed in careful consultation with key multicultural and legal groups and are among the toughest in the country.”
Ms. D’ath is also adamant that the laws will encourage more Australians to speak up about observed incidents.
“It is our hope that this new legislation will encourage members of our community to report serious vilification and hate crimes, because they will have greater confidence that perpetrators will be held to account.”
“Those who publicly display, publish or disseminate hate symbols which might reasonably be expected to intimidate or menace or offend a particular group will also face penalties”.
Law Professor’s Objection
Professor of Law at the University of Queensland, Graeme Orr, has raised concerns about the amendments, claiming the delegation of powers to incumbent politicians to determine what constitutes a prohibited symbol and what shouldn’t isn’t necessarily a good thing.“The power to prohibit something as socially constructed or embedded as a symbol is an unusual power to vest in a member of the executive”, Mr. Orr wrote in a submission to the Queensland Government.
Mr. Orr also made the point that criminalising certain symbols may only make their use more attractive to extremists.
“There is an obvious risk of ‘repression breeding subversion’: i.e. that prohibitions of symbols may make them perversely more attractive to some in the community who simply wish to be transgressive or trolls.”
