NSW to review inciting violence laws over Gaza tensions
Concerns from some community groups that laws in NSW prohibiting incitement of violence don’t go far enough have prompted a legal review.
Ron Hoenig
Incitement laws could be strengthened in NSW after concerns from religious groups that current rules are failing to protect people from violent threats.
Former NSW Supreme Court chief justice Tom Bathurst will lead a review of state laws that make it an offence to publicly threaten or incite violence against anyone on the grounds of race or religious belief or affiliation.
Announcing the measure on Friday, Premier Chris Minns said it was vital that the people from different communities who called the state home had legal protection.
“The NSW government is deeply committed to ensuring that all communities are able to live peacefully without fear of violence, or threats of violence,” he said.
The review comes amid tension over the conflict in Gaza and controversy over a series of inflammatory sermons from Islamic preachers targeting Jews and Israelis.
State and federal police have investigated several of the sermons but dropped their inquiries after finding no NSW or Commonwealth laws had been breached.
Mr Minns said the widespread loss of life in the Middle East and impact of the conflict was “traumatic for many families and communities”.
“This review, to be conducted by one of the state’s most respected legal minds, will be considered and thorough and help provide the community with confidence that our laws are operating effectively,” he said.
The state government in November passed laws giving police power to pursue prosecutions under section 93Z of the Crimes Act without gaining approval from the Director of Public Prosecutions.
Seeking permission from the DPP was cited by the government as one of the key reasons no person had been convicted under the law since its introduction in 2018.
But the NSW Council for Civil Liberties said the state already had strong hate-speech laws, which existed alongside Commonwealth laws and provided civil remedies in many circumstances.
“If the legal threshold for criminal prosecutions is lowered, it will not make faith communities any safer from a perceived risk of violence or the risk of actual violence occurring,” the group said.
“The law should not criminalise legitimate free speech.”
Faith NSW, a coalition of Islamic, Hindu, Christian, Jewish and Buddhist communities, welcomed the review and the appointment of Mr Bathurst, who also serves as chair of the NSW Law Reform Commission.
“The laws are clearly not serving their purpose currently and it’s important that the intent of the law championed by so many in 2018 can be appropriately captured in the Crimes Act so that they can be effectively used,” chief executive Murray Norman said.
“It is our collective responsibility to get this legislation right to protect the community from hate and religious violence.”
Separate legislation was passed in August, prior to the escalation of violence in Israel and Gaza, making it illegal to publicly incite hatred towards or publicly ridicule someone based on their religious beliefs.
The amendment to the NSW Anti-Discrimination Act brought religious protections in line with existing laws making vilification unlawful on the grounds of race, sexuality or gender, the government said at the time.
Acting Attorney-General Ron Hoenig said the review is an important step towards promoting social cohesion.
“NSW has many support services in place for people experiencing vilification including access to help from the NSW Anti-Discrimination Board and NSW Police,” he said.
“But if there is more to be done, we will do it, because we are committed to protecting our harmonious, multicultural community.”
David Ossip Photo: Henry Benjamin/J-Wire
The president of The New South Wales Jewish Board of Deputies, David Ossip, told J-Wire: “We wholeheartedly and gratefully welcome the Premier’s appointment of Mr Bathurst to undertake a review of section 93z.
AAP with J-Wire
This is really good news. I hope something comes of it. Chris Minns has always been supportive of just thinking and the truth where Israel and the Jewish communities are concerned; he is doing a good job.