‘Rapid reform’ needed on hate speech as feds prepare amendments, NSW awaits review

Jewish leaders have called for ‘rapid reform’ to hate-speech protections, saying the current set were ‘unfit for purpose’, as the federal government prepared to strengthen its own while NSW’s awaited on a review to determine its next move.

Slurs like “f**k the Jews” at the Sydney Opera House could be punished under new federal laws. Picture: Jeremy Piper

Jewish leaders have called for “rapid reform” to hate-speech protections, saying the current set was “unfit for purpose”, as the federal government prepares to strengthen its own and NSW’s awaits on a review to determine its next move.

It follows spiralling anti-­Semitism, with authorities unable to clamp down or prosecute hate speech.

The Albanese government has said it would criminalise ­religious-based vilification and hate speech, with new penalties.

Jewish leaders have urged NSW Premier Chris Minns to follow suit, saying his government’s review must conclude “swiftly”.

“Federal criminal laws have been shown to be unfit for purpose,” Executive Council of Australian Jewry co-chief executive Peter Wertheim said, saying “tough” commonwealth legislation was needed to “convey a strong message”.

“Time and again we have seen gross examples of anti-Jewish hate speech go unpunished.”

It comes as one of the country’s largest Jewish schools – Mount Scopus Memorial College in Melbourne – was tagged with anti-Semitic “Jew die” graffiti.

Opposition education spokeswoman Sarah Henderson called it “sickening”.

Prime Minister Anthony Albanese’s government was set to strengthen hate-speech laws.

NSW Premier Chris Minns. Picture: Gaye Gerard

“Whether it’s travelling to and from school or attending a university, Jewish students and their families are already fearful,” the senator said.

Mr Wertheim said legislation needed to be expanded to include “advocating or promoting violence and hatred”.

NSW’s provisions are enclosed in section 93z, which make it a criminal offence to incite race- or religion-based violence, and are being reviewed by the Law Reform Commission given operability concerns, instigated in January by a raft of anti-Semitic sermons by Sydney clerics.

Although it outlaws inciting violence, it does not cover vilification or hatred.

Mr Wertheim questioned the seemingly drawn-out process, urging governments to address the problem “systematically”.

The words “Jew die” graffitied on the front fence of Mount Scopus' Burwood campus, Melbourne. Picture: Carly Douglas.

“The damage to Australia’s social fabric has been enormous,” he said, saying a “patchwork” of different legislation was ineffective.

“We have seen teenagers whose emotions have been stoked with hatred charged with terror offences, and Australians of different backgrounds pitted against one another,” he said.

“The review of 93z has never been more urgent, but it is only one part of the bigger legislative framework.”

NSW Jewish Board of Deputies president David Ossip urged a “swift” strengthening. “Despite egregious and chilling recent examples of hate speech and incitement, not one individual has so far been charged,” he said.

“All Australians should be protected from harassment and threats. We look forward to the swift completion of the (93z) inquiry and learning more about efforts to strengthen federal laws.”

Executive Council of Australian Jewry co-chief executive Peter Wertheim.

Australia/Israel & Jewish Affairs Council executive director Colin Rubenstein said “obvious incidents of hate speech” showed a failure of political leadership and enforcement.

“Authorities have failed to act in applying the laws we have, and indeed if there is a problem with those, there is a rapid need to reform them,” Dr Rubenstein said.

“It’s taking place at a federal level, we need to see similar reform at a state level.”

NSW upper house deputy president Rod Roberts echoed the concerns, saying the state government appeared to be “dragging its heels” but a spokesman for NSW Attorney-General Michael Daley said the review would be finalised “soon” and while the government would “carefully consider” any federal amendments, it would wait until the review’s completion before making changes to state laws.