The law changes coming in response to antisemitic attacks across Sydney

Hate speech laws will be strengthened within weeks and protests outside places of worship outlawed as the NSW government grapples with the fallout from a spate of antisemitic attacks across Sydney.

Declaring he was increasingly of the view that hate speech was the “initial spark” of brazen antisemitism, NSW Premier Chris Minns said Labor had made the “difficult decision” to table tougher – and potentially contentious – legislation when parliament resumes next month.

“Our government is going to ... strengthen laws, so that if someone’s preaching hatred in the community, it doesn’t manifest itself two or three months later in a firebombing, an attack or something worse,” Minns said. “No stone will be left unturned.”

NSW Premier Chris Minns faces questions about antisemitism on Sunday.Credit: Dion Georgopoulos

The changes are likely to set up a clash between Jewish groups who want tougher laws and penalties, and Muslim organisations who have warned the government to tread gently to preserve what they described as fundamental freedoms such as speech, association, and religion.

Political leaders are under growing pressure to restore community cohesion following a series of antisemitic attacks in NSW, including synagogues being defiled with graffiti, cars in Jewish neighbourhoods being torched, and one of the community’s high-profile leaders targeted.

NSW Police has struggled to make arrests, stoking concern among already anxious members of the Jewish community.

On Friday, the former Dover Heights home of Alex Ryvchin, co-chief executive of the Executive Council of Australian Jewry, was sprayed with red paint and two cars outside firebombed. Ryvchin decried the attack, saying there was “an evil at work in this country”.

One year ago, amid the fallout of the October 7 massacre, Minns asked the state’s Law Reform Commission to review incitement to violence laws following concerns about the effectiveness of section 93Z of the Crimes Act, which makes it an offence to publicly threaten or incite violence against a person on the grounds of race or religious belief or affiliation.

The review, led by former NSW Supreme Court chief justice Tom Bathurst, ultimately found reform to 93Z should not be undertaken. The expert panel argued legal changes could not achieve social cohesion alone and said education, community engagement, and non-legal strategies could have a greater impact in addressing the causes of vilification.

While the government has not ruled out changes to the Crimes Act, one of several areas Labor is focusing on is a separate piece of existing legislation – section 21A(2) of the Crimes (Sentencing Procedure) Act – which covers how courts can include hatred for or prejudice against a group of people as an aggravated factor in sentencing.

That piece of legislation forces the prosecution to establish beyond a reasonable doubt that the offending “was motivated by hate or prejudice”. Critics say that sets too high a bar for meaningful use and does not take into account cases where an offence is accompanied by hate, but not solely motivated by it.

‘In all candour? Yeah, I wish it was stronger. And self-evidently if we are proposing a change to the law it means there’s a problem there.’

Chris Minns, NSW premier

Some other states and countries have a broader definition which allows prosecutors to seek tougher sentences if a crime was motivated “wholly or partly” by hatred or prejudice.

Minns on Sunday expressed regret the government had not made legal changes sooner. “In all candour? Yeah, I wish it was stronger. And self-evidently if we are proposing a change to the law it means there’s a problem there.”

In a submission to the Law Reform Commission late last year, the Australian Federation of Islamic Councils highlighted the challenges in proving racial or religious motivation in hate speech convictions, calling for civil remedies focused on redress and reconciliation.

“The balance between protecting individuals from hate speech and preserving fundamental freedoms such as speech, association, and religion is a delicate and critical task in a democratic society,” the group also said.

Alex Ryvchin, co-chief executive of the Executive Council of Australian Jewry, with his wife Vicky outside the home in Dover Heights where they lived with their children until 2022.Credit: James Brickwood

In separate correspondence to Minns, Australian National Imams Council president Imam Shadi Alsuleiman said the government’s 2024 decision to review hate and violence laws was “very concerning” and appeared to “specifically target my community”.

A submission by the NSW Jewish Board of Deputies argued for strengthening the element which relates to incitement of violence by including other verbs such as “urges, promotes, advocates or glorifies”.

It also recommended a new offence category for the deliberate public promotion of hatred and animosity towards, contempt for, or ridicule of, a protected group.

“History has taught repeatedly that social cohesion is damaged well before violence is threatened,” the group said. “And it is small minorities, such as the Jewish community, who are most at risk by reason of the current absence of an offence of inciting hatred.”

Meanwhile, another review considering the impact of protests outside places of worship is widely expected to result in a ban.

Minns on Friday said some of the changes to the law would involve “protecting religious places of worship” – in particular the Great Synagogue on Elizabeth Street, in Sydney’s CBD.

Minns again acknowledged he could not “promise an end to these despicable” antisemitic attacks across Sydney, saying there were “terrible people” committing atrocious acts.

NSW Jewish Board of Deputies president David Ossip welcomed impending reforms, noting little use of the specific legislation “despite egregious and chilling examples of hate speech and incitement to violence over the past 15 months”.

“It is unacceptable that individuals have been able to call for acts of violence against other Australians based on their race or religion without consequence,” he said.

“We’ve now clearly seen that what starts with hateful rhetoric doesn’t end with rhetoric. It ends with the violent hate crimes we’ve seen in Sydney and Melbourne in recent times.”

The Palestine Action Group was contacted for comment about the imminent legal changes.

More than 600 Palestinian supporters turned out at Sydney’s Hyde Park on Saturday afternoon, hours before the six-week ceasefire between Hamas and Israel was set to begin.

Pro-Palestine rally in Sydney on Sunday.Credit: Dion Georgopoulos

Jana Fayyad from the Palestine Action Group in Sydney said the ceasefire meant Palestinians would be offered a “breath of freedom”.

Fayyad urged cautious celebration: “Let us be cautious,” she said. “This is not an end … this is simply a pause.”

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