Police move to ban October 7 anniversary protests over Hezbollah flags

Federal authorities have vowed action against people flying outlawed Hezbollah and Hamas flags at protests this weekend to mark the anniversary of the October 7 attacks, as NSW Police started court action to stop the demonstrations going ahead in Sydney.

Politicians, police and community leaders have clashed over the lines between free speech and illegal action, as Australia’s Muslim community seeks to protest against the escalation of war in the Middle East, while others condemn the glorification of slain Hezbollah spiritual leader Hassan Nasrallah and the display of the symbols associated with listed terrorist organisations.

A Hezbollah flag at a pro-Palestine rally outside the State Library of Victoria on Sunday.Credit: AAP

Australian Federal Police boss Reece Kershaw told 2GB’s Ray Hadley on Tuesday that the Hezbollah flag waving at last weekend’s protests in Sydney and Melbourne had been “un-Australian” and against the law, and that officers would take action against demonstrators if they did the same at protests planned for next weekend.

NSW Police then late on Tuesday applied to the Supreme Court to stop two protests planned for Sydney on Sunday and Monday. They said they had negotiated with organisers but were not satisfied the events could take place safely.

“The NSW Police Force recognises and supports the rights of individuals and groups to exercise their rights of free speech and peaceful assembly; however, the first priority for the NSW Police Force is the safety of the participants and the wider community,” a statement said.

But a clash over the limits of political speech will reignite as a handful of mosques this week hold vigils for Nasrallah, and civilians killed in strikes, while activists in both Sydney and Melbourne seek to escalate protests as Israel begins a ground incursion into Lebanon.

Organisers had promised mass attendance at rallies on Sunday, a day before October 7, when Prime Minister Anthony Albanese and Opposition Leader Peter Dutton will attend vigils to mark the day Hamas militants killed 1200 people and took another 250 hostage in southern Israel last year.

“If they are flying those flags, in particular the Hezbollah and Hamas flags, action will be taken,” Kershaw said.

Australian Muslim leaders have defended their community’s right to protest and hold vigils, saying political and media focus on a few people waving flags deflected from a year of atrocities.

Dutton, however, said it was “completely unacceptable that a mosque, or any other place of gathering, or of worship, is there to praise the work of a terrorist”.

“I don’t discriminate against anybody on any basis, but I cannot accept that it is in meeting with Australian values,” Dutton said. “The prime minister should be on the phone to the leaders within the mosque, with the Imams, with leaders in the Islamic community, to make sure that this doesn’t take place.”

Lebanese Muslim Association secretary Gamel Kheir said his community was infuriated by politicians’ hypocrisy. “This is the kind of country Peter Dutton wants Australia to be: where the government takes away all the freedom that democracy allows us,” he said.

“As long as there are no laws being broken, people should be able to do whatever they want to do. We do not support any breaking of laws or terrorist acts or breach of social cohesion.”

Executive Council of Australian Jewry co-chief executive Alex Ryvchin said it was “deeply disturbing” to have pro-Hezbollah gatherings in Australia.

“This goes to the heart of public safety and national security, and it requires a strong police response.”

Kershaw agreed the vigils were concerning. “But it’s one thing that I know, that we can work with those communities to educate and say it’s not appropriate, and you may be committing offences, and that’s what we do,” he said.

Home Affairs Minister Tony Burke said Dutton ignored security agency advice to lower the temperature of public debate.

“He wants to throw more kerosene on the fire and get people angrier,” he said on ABC Radio National.

Both Burke and Albanese said the federal government did not mourn Nasrallah, but Burke said there “are people who have nothing to do with terrorism, who were alive a week ago and are dead now. And we certainly, certainly, mourn them”.

Nationals leader David Littleproud urged Muslim leaders to disavow the vigils, in comments that add to tension between the Coalition and Muslim Australians who live mostly in outer suburban seats where Labor is under pressure over its stance on the war.

“This is not only a moment of truth for the prime minister, it’s also a moment of truth for the Islamic faith leaders in this country,” Littleproud said.

The Shia Muslim Council of Australia urged focus to return to the Middle East, where it said 41,000 people had been killed by Israel since last October. “It is in this context that the Muslim community is attending protests and holding mourning ceremonies,” it said.

“The calls from some politicians for mourning ceremonies not to be held for the victims of Israeli aggression are unreasonable. This is overreach and political expression and genuine concern for human welfare is being stymied.”

Melbourne rally organiser Omar Hassan said tens of thousands would likely show up in major city mass demonstrations on Sunday.

Hassan said those who showed support for Hezbollah did not have violent intent, noting that Hezbollah was a major political party involved in a governing coalition in Lebanon, not just a militia. Australia listed Hezbollah’s armed wing as a terrorist organisation in 2003 and the entire organisation in 2021.

Victoria Police has been contacted for comment.

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