Faith leaders welcome Chris Minns’s probe into NSW hate-speech laws

NSW’s current hate speech laws are ‘not worth the paper they’re written on’ and Labor’s new probe will help to protect people of all faiths, the state’s leading religious figures say.

Dr Jamal Rifi, Lebanese-born Australian general practitioner and prominent figure in the Lebanese Muslim community in Sydney. Picture: Britta Campion

NSW’s current hate speech laws are “not worth the paper they’re written on” and Labor’s new probe will help to protect people of all faiths, the state’s leading religious figures say.

 Premier Chris Minns announced on Friday that former NSW Chief Justice Tom Bathurst would examine the effectiveness of section 93Z of the crimes act, which outlaws incitements of violence on the basis of religion and race.

The review has been warmly received by faith leaders and jurists of all faiths, including prominent Lebanese-Australian Muslim leader Jamal Rifi.

“It’s much needed … the (hate-speech) laws as they stand are not worth the paper it's written on,” Dr Rifi told The Weekend Australian.

NSW Premier Chris Minns announced a review into hate-speech laws on Friday.

In 2014, Dr Rifi received death threats from Australian terrorist Mohamed Elomar, after he criticised Australian jihadis.

“In the absence of law, or effective laws, you give rise to hateful rhetoric … anti-Semitism, Islamophobia, and we should not tolerate any of it,” he said.

Law Society of NSW president Brett McGrath said the review was a “timely initiative given current global instability” but that any changes required “adequate scrutiny”.

“The Law Society has expressed the view that the piecemeal nature of NSW anti-discrimination and anti-vilification reform over many decades has resulted in inadequate protections,” he said.

In November, all 19 members of the government’s advisory Faith Affairs Council “unanimously agreed” that 93Z’s threshold was “inappropriate”, urging the government to “revise” it.

It followed the Minns government amending the legislation in November to “streamline” the provisions to allow police to lay charges without seeking approval from the Director of Public Prosecutions.

Former NSW chief justice Tom Bathurst. Picture: Toby Zerna

The council’s chair, Anglican bishop Dr Michael Stead, said it was “clear” the threshold “needs to be considered”.

He referenced the state’s civil protections, saying he hoped the review would “consider all as a package”, saying operable provisions across each could help stamp out hate speech.

Faith NSW CEO Murray Norman called the review a “vital step”.

“The laws are not serving their purpose and it’s important that the intent of the law can be appropriately captured in the crimes act, so that they can be effectively used,” he said, noting that 93Z also protects people on the basis of their sexual orientation, gender identity and HIV status.

“That’s why we want to take the time and get it right, not just for one community, but for all,” he said.

Hindu Council of Australia vice president Surinder Jain said that it was important to strike a balance between protecting freedoms but prosecuting hate speech.

“While free speech is celebrated, it should not cross over to violent hate speech, which leads to hateful action,” he said.

Anglican bishop Michael Stead. Picture: John Feder

“Hate-speech laws should not infringe on freedom of speech, but (speech) should not be used to spread hatred or incite violence.”

Mr Jain said the current legislation seemed to “lack the powers to prosecute those calling for harm”.

“The Hindu community supports the efforts to punish those who are breaking harmony and who call for hurt onto others,” he said.

Australian National Imams Council spokesman Bilal Rauf was open to the “concept of a review” and said that ANIC would participate to help “improve the laws”, but raised concerns with a lack of clarity and consultation.

“ANIC supports steps to improve social cohesion and the wellbeing of everyone in our society,” he said, noting ANIC had “raised concerns” about 93Z’s operability in the past.

Hindu Council of Australia national vice-president Surinder Jain.

“ … While we support the concept of a review, we’re disappointed that the government has failed to engage with faith communities and the council about its approach and timing.”

Mr Rauf said members of the council had also been eager to be given an opportunity to consider the timing of any review, to see how November’s amendments would operate to obtain data and information.

He said ANIC was concerned about Mr Minns acting without consulting faith leaders – “seemingly at the exclusive urging of only some” – and, at times, “ignoring council’s majority request”.

Executive Council of Australian Jewry co-CEO Peter Wertheim “commended” the government and urged for “something similar” federally.

Australian National Imams Council spokesman Bilal Rauf. Picture: AAP

The ECAJ has said it would take legal action against some of the clerics.

“Because criminal liability cannot be enacted retrospectively, any law reform that may eventuate would not apply to the shocking examples of hatemongering we have seen, and they will have to be dealt with via civil action,” he said.

NSW Liberal leader Mark Speakman said his party would support reform efforts.

“The Opposition had called for an inquiry in November, however the government had voted against it,” he said, noting it was a Liberal government who introduced the protections in 93Z.

“We support Mr Bathurst looking at the legislation to see if there are changes that are appropriate in helping make our community free from threats of violence.”

The NSW Council for Civil Liberties said it hoped the review “involved extensive community consultation” and warned against a lowering of the criminality threshold.

Multiculturalism Minister Steve Kamper said it showed the government was willing to “take necessary steps” to protect the multi-faith communities and that it would continue to consult the faith affairs council.

The terms of reference of the review are being developed and it is hoped it would be finalised within a three-month period.