Rising tide of hate symbols: Australia’s battle for legislation
In a shocking turn of events, hate symbols that were once a rarity in post-World War II Australia have now appeared in the public sphere. 
Online platforms have become breeding grounds for hate ideology, causing widespread threats and menace to targeted communities, leaving them feeling unsafe and disconnected. The very fabric of social cohesion is under threat as these symbols are used to recruit and radicalise followers, fostering a sense of belonging among hate groups.
Taking a stand against this distressing trend, some states have already passed legislation banning the display of Nazi symbols, with others following suit. But the road to a best practice model law has been fraught with challenges. Australia’s unique historical experiences have limited the applicability of overseas countries’ approaches to combating extremist ideologies.
In a submission, The Executive Council of Australian Jewry has delved into the core of the proposed Bill, examining how it defines “prohibited symbols” and the elements that constitute an offence when displayed in public. Alongside, it addresses crucial issues such as the constitutional head of power, the use of hate symbols in body tattoos, the controversial trade of Nazi memorabilia, and potential exceptions and defences.
To ensure comprehensive protection, we shed light on the necessity of complementing any legislation with appropriate measures in school education. Only by fostering understanding and empathy among the younger generations can we hope to quell the roots of hate.
In its submission, the ECAJ points out the proposed Bill “regrettably, the Bill does not seek to proscribe Nazi or Islamic State gestures.
Gestures such as the giving of the Nazi salute or the Islamic State gesture of the index finger pointing skywards are another means of promoting their respective ideologies, recruiting followers, and conveying a message of threat and menace”.
The federal government has stated that this is the remit of the individual states, but the ECAJ submits that “performing Nazi gestures in public is currently banned in several countries in Europe”.
The Council has suggested that anti-racist education should start much earlier than it is today.
They have submitted this outline for deliberation:
“We believe that curricula across the disciplines from K-12 should be adapted to include:
- in primary school, the development of a respectful understanding and de-stigmatising of difference (eg race, religion, disability);
- from Year 7 in high school, addressing specific forms of racism and bigotry eg anti-Jewish, anti-Indigenous, anti-Muslim, anti-Hindu, anti-Asian, anti-LGBTIQA+; and teaching students to self-reflect about their own prejudices;
- from Year 10, focusing on the destructive effects of racism and bigotry both in Australia and in other parts of the world, both historically and in contemporary society; and in Years 11-12, reinforcing those themes in more depth, in optional subjects.
- Relevant high school subjects in which anti-prejudice content could be incorporated into the curriculum include History, English, GRE, SRE, Legal Studies, Biology, Geography, Civics and Citizenship.
- Because influences outside the school, especially via social media, can undo much of the positive learning which students acquire at school, positive learning needs to be supplemented and reinforced by other external positive influences.”
Co-CEO of the ECAJ, Peter Wertheim, summed sup the submission. He said: “The government is to be commended for introducing a Bill that would ban the public display of prohibited Nazi and Islamic State symbols and trading in goods that bear those symbols. Regrettably, the Bill has some serious shortcomings.
The ban would only apply to two Nazi symbols – the hakenkreuz and the ‘SS’ symbol. The public display of other well-known Nazi symbols such as the Totenkopf (deaths head) and sonnenrad (sun wheel) will be unaffected, as will the use of a plethora of neo-Nazi symbols that have been developed and which are now well-recognised, especially online, as tools of recruitment and intimidation.
The Bill also makes no provision to address the public performance of Nazi salutes and similar gestures at sports events and outside Jewish institutions. At present, only one State, Tasmania, has introduced a Bill to address this issue.
Trading in Nazi memorabilia is also dealt with in only a limited way. The ECAJ submission has provided images of items, such as a replica can of Zyklon B gas pellets, which have been traded by auction houses in Australia. As odious as these items are, the Bill will not ban anyone from trading in them because these items do not bear the hakenkreuz, the ‘SS’ symbol or any other Nazi symbol.”
Yes, education is of prime importance, otherwise there is a wall of ignorance between these symbols and the eyes of beholders. And physical acts/gestures that denote and subscribe to Nazism are a terrible thing to witness for the terror they invoke, the intimidation on a large scale they threaten and represent, the power they offer the as yet uninitiated. Fancy this not being recognised on a national basis yet!
Why is everything done in a half way zone here in Australia? Get on with it.
Do it properly.