Nazi symbols risk prison under proposed federal law

Australians are being sent a clear message that there is no excuse for displays of hate as a proposal to ban Nazi and Islamic State symbols enters federal parliament.

If passed, the criminal code would be amended to prohibit hate symbols and could see people who display the insignia facing up to a year in prison.

The law would apply to the Nazi hakenkreuz, the Nazi double sig rune, and the Islamic State flag.

Selling, renting or leasing memorabilia containing the symbols will also be made an offence and banned in retail and online stores.

Attorney-General Mark Dreyfus on Wednesday introduced the proposal to parliament.

He said the two Nazi symbols, known as the Schutzstaffel insignia, represented the Third Reich and conjured fear in many Australians whose families suffered the horrors of the Holocaust during World War II.

The symbols are also used to promote hatred against other marginalised groups, including LG BTQI Australians.

Similarly, the attorney-general said the Islamic State flag represented the “abhorrent actions” of the terrorist organisation.

Despite no longer controlling territory in Iraq and Syria, Mr Dreyfus said Islamic State remained an active terrorist group that regularly attacked security forces and civilians.

“Extremist insignia are an effective propaganda tool because they are easy to remember and understand,” he told parliament.

“They also transcend language and cultural divides.”

Mr Dreyfus said the section of the proposal making public display of the symbols an offence was designed to stamp out harassment and vilification of communities targeted by Nazi, neo-Nazi and Islamic State supporters.

But the legislation would not affect the use of the swastika for people observing Hinduism, Buddhism and Jainism.

Displaying the symbols for journalistic, educational or artistic purposes is also exempt from the ban.

“These offences have been carefully considered and crafted so as not to capture legitimate uses of these symbols,” Mr Dreyfus said.

“For example, public display for the purposes of education is permitted so the horrors of the Second World War are not forgotten and can continue to be taught as a lesson for future generations.”

The proposed law has been welcomed by Jewish organisations and the national spy agency which believed outlawing Nazi symbols could help stop extremist radicalisation and recruitment.

Peter Wertheim, co-CEO of The Executive Council of Australian Jewry, told J-Wire: “The new Bill introduced by the government is a welcome step in the right direction, especially its proposal to prohibit trade in items bearing certain Nazi symbols.

But the Bill needs to go further.  It will only apply to two of the more common Nazi symbols, namely the hakenkreuz (more commonly known as the Nazi swastika), and the ‘SS’ symbol of the murderous Schutzstaffel paramilitary organisation.  The display of, or trade in, other widely used Nazi symbols, such as the Totenkopf (deaths head) and the Sonnenrad (sun wheel), as well as a number of other Nazi symbols which have been developed in recent years, especially online, will not be prohibited.   Federal, State and Territory governments also need to work together to embed into school curricula education against antisemitism and other forms of prejudice which are prevalent in contemporary Australia.

Dr Keith Shilkin, President of the Federal Association of Jewish Ex-service Men and Women (FAJEX) said: “More than 5,500 Jewish Australians served, fought and died during World War II to defeat the Nazis and their ilk in order to preserve our freedom, our democracy and our way of life.

It is believed around 140 Jewish members of the Australian forces lost their lives fighting the Nazis.

That there are people who want to bring back and promote the Nazi scourge is more than disturbing and no society should put up with it.  Any steps, including Government legislation to prevent it, are welcome. But there is always a need for vigilance to guard against its totally unacceptable return.”

WHAT IS THE PROPOSED LAW?

* The Albanese government has proposed amendments to Australia’s criminal code to prohibit the use of hate symbols and stamp out extremism

WHAT SYMBOLS WOULD BE BANNED?

* Nazi hakenkreuz (hooked cross)

* Nazi double sig rune (the Schutzstaffel insignia or ‘SS bolts’)

* Islamic State flag

WHAT WOULD THE PROPOSED LAW DO?

* Make it a criminal offence to display, sell, rent or lease memorabilia containing the symbols

* Allow police to issue a direction to a person requiring them to remove banned symbols from public display

* Create new offences for accessing and sharing violent extremist material online, punishable by up to five years in prison

* Expand existing offence for advocating terrorism to include instructing someone to commit a terrorist act or praising a terrorist act, increasing the maximum penalty from five to seven years’ imprisonm ent

* This would apply where there is a substantial risk that praise might lead someone to engage in a terrorist act

* Amend the terrorist organisation listing framework which will mean listings apply indefinitely unless revoked by the minister, rather than automatically lapsing after three years

ARE THERE ANY EXEMPTIONS TO THE BAN?

* The reforms would not apply to the display and use of the sacred swastika which is of spiritual significance to Hinduism, Buddhism and Jainism religions

* Journalistic, educational or artistic use of the symbols will also be exempt

WHY HAVE THESE REFORMS BEEN INTRODUCED?

* A push to ban hate symbols followed violent clashes between neo-Nazi demonstrators, counter-protesters and police at anti-immigration and anti-trans protests in Melbourne

* Security agencies have also issued warnings about the rise of extremism

* Reforms aim to allow law enforcement agencies to intervene earlier an d disrupt violent extremists

* Nazi symbols inv oke fear among Australians whose families were impacted by the Holocaust

* The symbols have also been used to promote hatred of other groups, including LGBTQI Australians

* The Islamic State flag is representative of an active terrorist organisation

* The ban would recognise the important distinction between the terrorist group and the Islamic faith

 

AAP/J-Wire