Australia’s Labor government has successfully passed a “hate speech” bill that’s plainly aimed, at least in part, at suppressing pro-Palestine organizations as “hate groups”.
Free speech advocates are sounding the alarm about the new laws, saying their extremely vague wording, lack of procedural fairness and low thresholds for implementation mean groups can now be banned if they make people feel unsafe or upset without ever actually posing any physical harm to anyone.
For me the most illuminating insight into what these laws are actually designed to do came up in an ABC interview with Attorney-General Michelle Rowland on Tuesday. Over and over again throughout the interview Rowland was asked by ABC’s David Speers to clarify whether the new laws could see activist groups banned for criticizing Israel and opposing its genocidal atrocities in a way that causes Jewish Australians to feel upset feelings, and she refused to rule out the possibility every single time.
“Let’s just go to what it means in practice: would a group be banned if it accuses Israel of genocide or apartheid, and as a result, Jewish Australians do feel intimidated?” Speers asked.
Rowland didn’t say no, instead saying “there are a number of other factors that would need to be satisfied there” and saying that agencies like the AFP and ASIO would need to make assessments of the situation.
“Okay, just coming back to the practical example though, if a group is suggesting that Israel is guilty of genocide, what other measures or factors would need to be met before they can be banned?” Speers asked.
“Under the provisions that are now before the parliament, there would also need to be able to demonstrate that there are for example, some aspects of state laws that deal with racial vilification that have been met as well,” Rowland responded, again leaving the possibility wide open.
(It should here be noted that Greens justice spokesperson David Shoebridge has pointed out that “state laws that deal with racial vilification” can include “tests like ‘ridicule’ and ‘contempt’,” meaning people could wind up spending years in prison for associating with groups that were essentially banned for upsetting someone’s feelings.)
“Just to be clear, if a group is saying Israel is engaged in genocide, or they’re saying that Israel should no longer exist, that is not enough for that group to be banned?” asked Speers.
“Well, again, that would depend on the other evidence that is gathered, David, so I would be reluctant to be naming and ruling in and ruling out specific kinds of conduct that you are describing here,” Rowland replied.
All this waffling can safely interpreted as a yes. Rowland is saying yes. Speers pushed this question three different times from three different angles because it’s the most immediate and obvious concern about these new laws, and instead of reassuring the public that they can’t be used to target pro-Palestine groups and aren’t intended for that purpose, the nation’s Attorney General confirmed that it was indeed possible.
So that’s it then. Under the new laws we can expect to see the Israel lobby crying about Jewish Australians feeling threatened and unsafe by every pro-Palestine group under the sun, and then from there all it takes is the thumbs-up from ASIO to put the group on the banned list and cage anyone who continues associating with it for up to 15 years.
The bill that ended up making it through Parliament is actually a narrowed down version of an even scarier bill that was scrapped by Labor due to lack of support which went after individuals as well as groups. The earlier version contained “racial vilification” components which could have been used to target any individual who voices criticisms of Israel or Zionism — so it doesn’t look like I’ll be doing any prison time for my writing any time soon. The new version moved its crosshairs to groups with the obvious intent to disrupt pro-Palestine organizing in Australia.
And we’re already seeing the Israel lobby pushing to resurrect the laws targeting individuals. A new ABC article titled “Jewish leaders call for vilification offence to be revisited as Coalition splits over watered-down hate laws” cites Zionist Federation of Australia president Jeremy Leibler and Executive Council of Australian Jewry co-chief executive Peter Wertheim arguing that the new laws don’t go far enough.
So we can expect the Australian Israel lobby to both (A) push to get pro-Palestine groups classified as “hate groups” under the new laws and (B) keep pushing to make it illegal for individuals to criticize Israel in the form of new “racial vilification” laws. They’ll keep trying over and over again, from government to government to government, until they get their way.
This comes after Australia/Israel & Jewish Affairs Council Executive Manager Joel Burnie publicly stated that he wants to ban pro-Palestine protests and criticism of Israel throughout the nation, and as prosecutors drag an Australian woman to court for an antisemitic hate crime because she accidentally butt-dialed a Jewish nutritionist and left a blank voicemail.
So things are already ugly, and they’re getting worse.
It’s so creepy knowing I share a country with people who want to destroy my right to normal political speech. It would never occur to me to try to kill Zionists’ right to free speech, but they very openly want to kill mine. They want to permanently silence me and anyone like me. I find that profoundly disturbing.
Israel supporters are horrible people. And I hope my saying that hurts their feelings.
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Feature image is a screenshot from ABC News In-depth (fair use).
Caitlin Johnstone 