Palestinian activist Hash Tayeh told he will be arrested for allegedly inciting hatred

Palestinian activist and businessman Hashem Tayeh has been told police will arrest him next week over allegations he incited hatred of Jewish people while leading protests against Israel’s war in Gaza.

The 33-year-old owner of the Burgertory chain has been notified by police he will be arrested and interviewed as part of an investigation into whether chants and speeches at rallies and demonstrations in the CBD have breached the Racial and Religious Tolerance Act.

Hash Tayeh speaking at a Free Palestine rally in Melbourne in November.Credit: Nine News

A source familiar with the investigation, who cannot speak publicly about the ongoing legal matter, said Tayeh was formally notified by a detective he was under investigation on Thursday, but that no charge had yet been laid.

He has been instructed to attend a police station at an agreed time next week, where he will be arrested and interviewed in the presence of his lawyer.

Tayeh has emerged as a prominent organiser and leader of the protest movement that formed in Victoria over the past nine months after Israel invaded and blockaded the Gaza Strip in the wake of Hamas’ October 7 attacks.

Tayeh declined to comment. On social media he has repeatedly rejected allegations he is antisemitic, saying the claims were unfounded and incorrect.

Burgertory in Caulfield was gutted by an alleged arson attack in November.Credit: Simon Schluter

Victoria Police said it had recently received a complaint about “potential antisemitic comments made by an individual”.

“A person of interest has been identified and they have been contacted, both directly and through their legal representative, to arrange a time to be interviewed,” a police spokesperson said.

“It is standard practice for police to interview persons of interest about their alleged behaviour while a matter is being investigated. This is a voluntary interview.”

“Victoria Police takes all allegations of antisemitic and offensive behaviour extremely seriously and will not shy away from interviewing people in relation to potential offences.”

The detective is investigating whether Tayeh broke the law by reciting chants such as “all Zionists are terrorists” and other statements equating Zionism with terrorism, and whether Tayeh’s involvement in organising the protest movement amounts to a crime.

“A range of offences are being investigated and other persons of interest may be identified and spoken to as part of this matter,” a police spokesperson said.

“When allegations of antisemitic behaviour are reported to police, offences relating to the Racial and Religious Tolerance Act will always be considered. As this investigation is ongoing, it would be inappropriate to discuss the matter further.”

Australian Lawyers Alliance spokesman Greg Barns, SC said the legislation had rarely been used since its inception in Victoria in 2001 due to its complexity.

Barns said prosecutors needed to prove someone intended to incite hatred, and that could be challenging depending on the context in which the comments were made.

Those making statements during a discussion or public debate considered to be in the public interest are excepted from prosecution if it is considered they acted “in good faith”.

“In the context of the Middle East conflict, there is a heavily contested narrative. That may be relevant in determining whether or not that exception applies in any case,” Barns said.

He also pointed out that the lack of enforcement of the law over the years had been problematic, particularly in instances where statements about Muslims and terrorism were conflated after 9/11 and there were no prosecutions.

Tayeh came to public attention in November when the Caulfield franchise of his burger chain was gutted by fire in what police have repeatedly confirmed was not a hate crime.

But a rally in support of Tayeh – and more generally, Palestine – the night after the fire turned ugly when a pro-Palestine group clashed with a pro-Israel group, and police pepper-sprayed at least one protester.

The legislation makes “serious vilification” on the basis of race or religion a crime punishable by six months’ jail. This includes intentionally engaging in conduct that is likely to incite hatred against a person or class of persons, and to threaten, or incite others to threaten, physical harm towards that person or class of persons or their property.

Under the act, prosecutions must be approved by the Director of Public Prosecutions. The Office of Public Prosecutions declined to comment.

The only person to be convicted in Victoria under the terms of the legislation, which is more than 20 years old, was neo-Nazi extremist Blair Cottrell in 2017, for inciting hatred against Muslims after he staged a mock beheading during a protest against the building of a mosque in Bendigo.

The Herald Sun revealed last week that Tayeh was under investigation.

In a statement posted to Instagram in response, Tayeh said it was “profoundly upsetting” to be compared to someone like Cottrell, “a man who has degraded women, committed violent acts, and genuinely incited hate”.

“I feel immense sorrow and frustration. As I call for freedom, equality, and justice for all – including Jews – I am repeatedly painted as an enemy. This isn’t just a personal attack on me, Hash Tayeh. This media war you’ve waged is an attack on the entire global pro-Palestinian movement.”

The Jewish Council of Australia were approached for comment. The Executive Council of Australian Jewry declined to comment.

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