Jewish leaders call for urgent change as Vic’s hate speech laws deemed not fit for purpose

Victoria’s most prominent Jewish leaders have written to state MPs and ministers calling for a change to proposed new hate speech laws, as the Coalition moves to oppose the legislation on free speech grounds.

Presidents of four of Australia’s most prominent Jewish organisations, including Jeremy Leibler, have written an urgent letter to the state government. Picture: Arsineh Houspian

Four of Victoria’s most prominent Jewish leaders have written an urgent letter to state MPs and government ministers calling for a major change to proposed new hate-speech laws.

The letter comes as the Victorian Coalition shapes up to oppose the Labor government’s proposes anti-vilification measures amid concerns the proposed laws go too far, will harm free-speech and could promote cancel culture.

The Labor-led hate-speech laws were announced late last year after protracted consultations with religious, cultural and LGBTQI+ groups.

They were revealed by former Attorney General Jaclyn Symes amid rising tensions in the community and hundreds of anti-Israel protests.

Under the changes, the legal test would be lowered to ban conduct that is “likely” to incite hatred against, serious contempt for, revulsion towards or severe ridicule of a person considered to have a protected attribute.

Those found guilty of vilifying offences would face up to five years behind bars - up from six months and/or a $11,855.40 fine.

Jeremy Leibler. Picture: Yusuke Sato

Presidents of four of Australia’s most prominent Jewish organisations, Jeremy Leibler, Philip Zajac, Elyse Shachna and Daniel Aghion KC, are now urging the Allan government to remove a political defence from the proposed laws, fearing it will become a “catch-all defence” that will “seriously weaken” the reforms.

They said tougher laws were “more urgent than ever” as the Jewish community faces an “explosion of anti-Semitism, with unprecedented vilification, discrimination and threats to our security”.

“Sadly, in Victoria, there have only been a handful of successful criminal prosecutions and complaints for hate speech in the last twenty years,” they wrote.

“That is not because there is no hate speech in Victoria – it is because our hate speech laws are not fit for purpose.

“While we welcome the proposed vilification reforms in the bill, we are concerned by its proposal that extreme and criminal conduct which incites very serious hatred should be legal if it is done for a ‘genuine political purpose’, and by the proposed timeline for the implementation of the civil provisions of the bill.”

The leaders said the proposed offence should only be used to capture a “very narrow subset of extreme forms of criminal conduct that incites hatred” and therefore there should be “no excuse” for someone engaging in such behaviour for a “political purpose”.

“And if the proposed defence is legislated, the Bill will in effect transform the accused in any prosecution for hate speech into a cause célèbre – the courtroom will become a platform for extreme racial hatred and its supposed political ‘justifications’,” they added.

The elected leaders, who have worked with the state government for the past five years to strengthen protections, noted the defence was not included in earlier consultations.

Anti-Semitic graffiti at the University of Melbourne. Picture: Supplied

The Opposition are set to debate their position at the Shadow Cabinet on Monday, ahead of a vote in parliament later this week.

Opposition housing spokesman Richard Riordan on Monday denied the decision to not support the bill meant they were abandoning communities under attack, like Victoria’s Jewish community.

He said there are major concerns with the bill itself rather than its intent.

“We are taking advice and talking to all sectors and some of the loudest voices against the government’s bill are in fact Jewish and Islamic that raise real concerns about how the bill is structured,” he said.

He added that “all Victorians want to feel safe and not be vilified”.

Shadow Attorney-General Michael O’Brien confirmed that the opposition’s official position on the legislation would be raised when the Party Room meets tomorrow morning.

“All Members will be given the opportunity to discuss and put their views,” he said.

“We’ll have more to say after that.”

Research Fellow at conservative think tank, the Institute of Public Affairs, Margaret Chambers, said the new laws will “enshrine cancel culture in the law” and “hand a sword to activists”.

“By dramatically expanding the standard of unlawful speech to anything a person deems ‘hateful’, this highly subjective standard exposes mainstream Victorians to litigation by activists should they express a genuinely held belief,” Ms Chambers said.

“The Victorian government’s laws will mean that any Australian, no matter where they live, could potentially be hauled before the Victorian Equal Opportunity and Human Rights Commission if an activist does not like what they have expressed.

“This is a gross overreach by the Victorian government, which only seems interested in empowering like-minded activists.”

Australian Christian Lobby Victorian State Director Jasmine Yuen has launched a billboard truck campaign against the laws.

The truck, which reads “Allan’s Anti-vilification Bill = Community Division” has been roaming around the Premier’s seat of Bendigo this week.

“We are sending a loud and clear message to the Premier,” she said.

“The Anti-Vilification and Social Cohesion Bill will not only put Christians in danger of being targeted by activists, but it will also expose any Victorian to the risk of litigation if what they say, do, or post online is deemed offensive by someone with a protected attribute.”

“This law will not foster social cohesion or address antisemitism as the Premier intends. Instead, it will create division, turning what is meant to be a tool for protection into a weapon that anyone with a protected attribute could use against their opponents.”

On Sunday, at the state’s annual pride March Premier Jacinta Allan called out the Liberals for not publicly announcing their position on the upcoming bill saying they were not committed to social cohesion.