NSW has officially banned public displays of Nazi swastika
Cultural and religious groups are celebrating as an Aussie state confirms groundbreaking laws surrounding displays of a deeply hateful symbol.
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The NSW government has officially banned public displays of the Nazi swastika.
With support from the state’s Liberals, Labor MPs and members of the crossbench, the Perrottet government’s bill to criminalise the purposeful display of Nazi symbols in public successfully passed through the Upper House on Thursday night.
What will this mean for NSW?
When it comes to penalties for individuals, the new offence includes a maximum of 12 months’ imprisonment or a $11,000 fine or both.
While Victoria became the first Australian state to ban the hateful symbol in June this year, with penalties of up to almost $22,000, 12 months’ imprisonment or both for those who intentionally display the Nazi symbol, the NSW government has taken the prohibition one step further.
Corporations in NSW knowingly displaying the Nazi symbol will be slapped with a $55,000 fine.
The legislation will also outlaw all online displays of the Nazi symbol, including materials posted to social media.
Attorney-General Mark Speakman said the new laws will provide safeguards against hate speech and vilification in the state.
“NSW is a place where everyone can expect protection and safety from serious vilification and hate crimes,” Mr Speakman said.
“The display of a Nazi symbol undermines our shared values and causes harm and distress to others in the community, including those from the Jewish faith.”
Mr Speakman said the legislation will also protect people with disabilities and members of the LGBTQIA+ community, as well as veterans, who are also groups targeted by the hateful symbol.
“This bill recognises that the public display of Nazi symbols is abhorrent, except in very limited circumstances such as for educational purposes, and causes profound offence and distress,” he said.
NSW Minister for Multiculturalism Mark Coure confirmed the legislation, however, will not inhibit artistic, academic or educational freedoms, and will not prevent the use of the symbol for religious or spiritual reasons.
“This bill also serves another important purpose – to protect those that use a Swastika for religious and spiritual reasons including Buddhists, Hindus and Jains,” Mr Coure said.
“It clearly states that the displaying of a swastika in connection with these spiritualties will not be deemed a Nazi symbol.”
Why does the state need these laws?
In 2020, there were 31 documented cases of Nazi flags being flown across NSW, including from a water tower in Wagga Wagga.
The Executive Council of Australian Jewry also reported a 35 per cent increase in anti-Semitic activity in Australia in its annual report in 2021, with Jewish groups recording 447 antisemitic incidents across Australia between 2020 and 2021.
These figures included 272 attacks, such as physical assault, verbal abuse/harassment, vandalism and graffiti) and 175 threats via email, phone, postal mail and poster/stickers.
Following the rise in anti-semitism across the country, opposition spokesman for Police and Counter Terrorism Walt Secord ramped up his campaign to ban the symbol.
“I have been calling for action since mid-April 2020 and introduced my own bill in October 2021 – which was the first in Australia,” Mr Secord said, noting a “surge in far-right extremism”.
“We have had some disgusting incidents in NSW, including a person flying a Nazi flag across from Newtown Synagogue.”
Mr Secord said the Bill “strikes a balance between artistic, academic, education and other public interest purposes” and provides adequate protections for the entire NSW community.
“Displaying Nazi symbols goes well beyond the realm of political debate. They telegraph hate for individuals and hate for our society at large,” he said.
“They have no place in our society after so many Australians sacrificed their lives to rid the world of this scourge.”
Jewish groups have also been behind the push, including the NSW Jewish Board of Deputies (JBOD), which presented evidence to a parliamentary inquiry held in February this year, in alliance with the Hindu Council of Australia.
“This is a historic day for NSW and a significant blow to those who promote hate and vilification in our community,” NSW JBOD CEO Darren Bark said.
“Nazi symbols are a gateway to violence and are used as a recruitment tool by extremists. Banning their display is a long-overdue and much-needed law in our state. The perpetrators will finally be held to account.”
Earlier this week, Mr Bark said his team received antisemitic incident reports on a weekly basis, noting a recent incident which involved neo-Nazi stickers being plastered on a postbox in Redfern.
“Nazi symbols are a threat to the entire NSW community and have no place in our tolerant, multicultural society,” he said.
Calling the new laws a “game-changer” in tackling online hate, Mr Bark said “it is time our tech companies step up and ensure these illegal symbols are removed from their platforms, and the offenders banned and prosecuted.”
Hindu Council of Australia national vice-president Surinder Jain said for his community, “today is extra special”.
“This legislation will not only protect our community from those who wish to cause harm, it frees our sacred swastika from its indoor prison,” he said.
“For too long, the Hindu community has not felt comfortable to display our symbol of peace because it resembled a symbol of evil. This is no longer.”
Originally published as NSW has officially banned public displays of Nazi swastika
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