Nazi salute ban is just part of ridding our society of hate symbols
With welcome news that legislation in Victoria has now banned the “Nazi Salute” a new standard has been set for Victorian and Australian society…writes Perry Q. Wood.
Perry Q. Wood
With welcome news that legislation in Victoria is moving to legally ban the “Nazi Salute” a new standard is about to be set for Victorian and Australian society.
The new laws, introduced by Victorian Attorney-General Jacyln Symes recently, are designed to ban these vilifying and hateful expressions anywhere in Victoria.
According to Attorney-General Symes’ statement, “anyone who intentionally displays or performs a Nazi symbol or gesture in public will face penalties of more than $23,000, 12 months’ imprisonment or both.”
The Nazi salute began to be used by the German National Socialist party as early as 1921, and was soon after adopted as the official greeting for civilians and military alike. It is a means of venerating the leader of the party and the German “volk” or nation, and in support of the militaristic agendas of the party.
The gesture is already banned outright in Germany and in various other countries in Europe, and is considered an act of vilification in many others. Victoria will join Tasmania as the only other Australian state to make the salute illegal.
The power of symbols as promotional and recruitment tools, as well as means of intimidation and threat have been used for eons and those which are connected to such evil, discriminatory and dangerous movements such as Nazism have no place in our democratic society.
In Victoria, Nazi imagery, such as swastikas, were banned from public display in 2021, following a spate of their displays mainly in Melbourne.
In recent years, examples of Ustashi symbolism at various rallies and public events have focussed the attention of those concerned about the rise of Nazism in Australia. The Ustashi is a far-right movement based in Croatia, from whence arrived a considerable number of immigrants post-WWII.
While the vast majority of these new Australians have been peaceful, law-abiding, community-minded citizens, a fringe has apparently chosen to carry some of the more unsavoury aspects of Croatian political expression to Australia.
Australia has a significant Jewish population of course, including remaining Holocaust survivors and their families, and there is a clear obligation to ensure they feel secure and protected here.
But, ideologies like Nazism do, of course, threaten more than just single communities. They challenge our very way of life and culture and, therefore, are a threat to us all.
So deep is their reach, their prevalence is not a problem that will simply go away with new laws.
At one level, anti-social imagery is a fast-moving issue. Specific images, slogans and gestures come and go in the world of extremist politics. Laws need to adapt and perhaps, from time to time, our regulations need to nominate directly which images are illegal, as in the case of the Nazi Salute, and how they can or cannot be used.
Also, we need to be clearer about where we draw the line between nasty politics and appropriate, even challenging, artistic and creative statements.
Good laws stamp out the abuse but allow room for free expression. It’s a delicate balance.
The fluidity of imagery is embodied in the prevalence of instantly available and unfiltered internet symbols, from emojis and memes (the meanings of which are often very specific) to doctored videos, and the value of artistic expression.
An effective system is adaptive enough to deal with the use of vilifying imagery in a fast- moving context.
Yet, even beyond the complexities of legal framing, this situation requires a social approach.
Revelations in recent years highlighting just how well-embedded Nazi groups and individuals are – they could be your neighbours, your workmates or even your partner – only underline the value of day-to-day, street level civic efforts to call out and identify where discrimination exists and to educate and inform on its ills.
The role of wider society is central in this context. We must all pay attention to what’s around us and call out cases or examples of hate speech and actions, racism and all forms of vilification and mental and physical abuse. The Nazi salute is a powerful symbol that clearly should be illegal. But there are others that are not.
The need to exercise our rights as citizens in a free and open law-based society remains as crucial now as ever.
This is not about vigilantism. It is about taking ownership of a collective civic space, one that is open to all.
Hate, whether we like it or not, is a very human emotion. Laws or no laws, it is up to us, as individuals and as a society, to ensure recognisable and codified forms of hatred are unacceptable anywhere, anytime.
Perry Q. Wood is a lawyer and Director of Australian Migration Lawyers
