Victoria Police powerless to lay charges over “Death to the IDF” chant

Police say they have no power to lay charges over the “Death to the IDF” chant being used at Melbourne pro-Palestine rallies, as officers brace for protest tensions to reach boiling point this weekend.

Police say they are powerless to lay charges over the “Death to the IDF” chant being used at Melbourne pro-Palestine protests.

The anti-Israeli Defence Force chant has become widespread in recent months at CBD demonstrations opposing the 21-month military action in Gaza.

A Victoria Police statement said independent advice had been received stating that the chant was not an offence under the Racial and Religious Tolerance Act or the Crimes Act.

The statement said matters would now have to be considered on a case-by-case basis to determine whether it met the threshold for an offensive behaviour charge under the Summary Offences Act.

“We will now assess any past or future chants to determine if a prosecution would be successful against any individuals,” the statement said.

Former Victorian Governor Linda Dessau this week said chants like “Death to the IDF” should come under hate speech laws.

“I really think a stand needs to be taken,” Ms Dessau said in a podcast by broadcaster Neil Mitchell.

“In other instances, these things have been stopped right at the source and they should have been here, too.”

Pro-Palestine supporters during a march in Melbourne. Picture: Josie Hayden

Those using the chant are aping punk-rappers Bob Vylan, who employed it at Britain’s huge Glastonbury music festival last month.

UK police later launched a criminal investigation of the performance.

It comes as police brace for protest tensions to reach boiling point this weekend, with several hundred additional officers understood to have been rostered to patrol a major pro-Palestine rally planned for Sunday.

Police sources told the Herald Sun that uniform members were anticipating potential counter protests by Zionist activists.

A Victoria Police spokeswoman said police would be patrolling Sunday’s protest.

“There will be a visible police presence to keep the peace and ensure community safety,” she said.

“Victoria Police respects the rights for individuals to protest however we ask that they do so peacefully.”

Police are bracing for protest tensions to reach boiling point this weekend. Picture: Josie Hayden

Up to 300 additional officers are believed to have been designated to patrol this weekend’s rally.

Pro-Palestine activists have staged weekly rallies since October 7 that have called for a ceasefire in Gaza and for Israel to leave other Israeli-occupied territories such as the West Bank.

Pro-Israel groups, including Lions of Zion, have previously staged counter protests at pro-Palestine events, which have largely remained peaceful.

But earlier this month, “Death to the IDF” chants and signs, as well as depictions of the swastika were seen at a pro-Palestine rally in the CBD.

Police were then working to determine whether one sign depicting the swastika and its meanings in other cultures outside the western world was a criminal offence.

In 2023, it became illegal in Victoria to publicly display hate symbols such as the Nazi swastika.

Originally published as Victoria Police powerless to lay charges over “Death to the IDF” chant