Clerics trigger hate-speech probe by NSW Premier Chris Minns

NSW Premier Chris Minns will tackle hate speech head-on with his government launching a wide-ranging review into the state’s current legal protections given concerns over its effectiveness amid a raft of incendiary anti-­Semitic sermons across southwest Sydney.

The review, to be announced on Friday, will examine section 93Z of the state crimes act, which outlaws incitement of violence on the basis of race or religion, with the government enlisting high-profile former NSW Chief Justice Tom Bathurst AC KC to conduct the probe.

The move comes after The Australian revealed a series of hate-fuelled sermons given by ­Islamic preachers following the October 7 Hamas attack on Israel.

State and federal police determined that none breached criminal legislation.

The sermons included calls for jihad, parables about killing Jews, descriptions of Jews as “rats” and “descendants of pigs”, how a Muslim army was the “final solution”, and multiple calls for violence against Jewish people.

The Premier said the review would ensure laws helped protect against vilification and violence as intended.

“There is no place in NSW for hate speech or incitement to ­violence,” Mr Minns told The Australian.

“We live in a multicultural ­society, and it’s vital that we have laws that protect people (of those) communities around the world that call NSW home.”

It comes amid concerns about the operability of 93Z, particularly whether it allows law-enforcement agencies to prosecute hate speech.

The legislation’s threshold is high, its scope narrow, and it is understood only calls to violence against a specific person, group or event were likely to breach it.

The Premier has previously noted the difficulty in policy changes relating to public speech, but said the review would ensure hate-speech laws were ­operable.

“This review, conducted by one of the state’s most respected legal minds, will be considered and thorough, and provide the community with confidence that our laws are operating effectively,” Mr Minns said.

The government anticipates the review to be finalised within a three-month period, and Mr Bathurst would explore the policy objectives and effectiveness of 93Z, with the view of reforming it.

Mr Minns said his government was “deeply committed” to ensure all communities were “able to live peacefully” without fear or threats of violence, noting the “traumatic” loss of life and impacts of the Israel-Hamas war.

“Along with our legal frameworks, NSW has a deep commitment to maintaining social cohesion and measures are in place to raise awareness and strengthen community cohesion,” he said.

The terms of reference are being developed with Mr Bathurst, the NSW Law Reform Commission chair, but the review would look at other jurisdictions, like the UK.

In British legislation, threatening, abusive or insulting words against a person or group are outlawed, with more severe penalties if an offence is racially or religiously aggravated. Inciting hatred based on race or religion is also unlawful.

Mr Bathurst led an inquiry into the convictions of Kathleen Folbigg, which in December overturned her convictions of killing her four children.

Acting NSW Attorney-General Ron Hoenig, a former barrister, said the review was a step to “strengthen” the legal framework and “promote social cohesion”, noting anti-vilification provisions already in place, like the Anti-Discrimination Board.

“But if there is more to be done, we will do it – because we are committed to protecting our harmonious, multicultural community,” he said.

The sermons, revealed by this publication, involved five different clerics across three religious centres.

Last year, at Bankstown’s Al Madina Dawah Centre, “Brother Ismail” called jihad the “solution”, “Brother Muhammad” said that a Muslim army was the “final solution”, and Abu Ousayd – also known as Wissam Haddad – encouraged people to spit on Israel so “Jews would drown”.

In January, at As-Sunnah Mosque, sheikh Ahmed Zoud called Jews “thirsty for bloodshed” and that they ran like “rats” from the mujahideen.

On Tuesday, The Australian revealed that sheikh Kamal Abu Mariam of Roselands Mosque prayed to Allah in Arabic to “kill them one by one… and don’t keep any (one) of them”, referring to “(usurping) Zionist Jews”.

The sheikh also said that those who “do not fight for the cause of Allah, nor speak within himself about fighting the cause… die on a branch of hypocrisy”.

NSW Police previously said that it couldn’t pursue inquiries into the rhetoric of Brother Ismail, Mr Ousayd, sheikh Zoud and sheikh Abu Mariam, given the sermons hadn’t breached criminal provisions.
NSW Jewish Board of Deputies president David Ossip, who is also on the government’s advisory Faith Affairs Council, said his community “wholeheartedly” welcomed the review.

“There’s clearly an issue that needs to be addressed given that the criminal law has proven unable to deal with hate preachers who have called for the murder of a whole group of Australians based on their race or religion,” he said.

“Hate speech against one group is a threat to society as a whole – it undermines the cohesion and harmony we all treasure.”

A probe into the law’s effectiveness is also supported by NSW leaders of all faiths.

Draft minutes from the Faith Council’s November meeting showed that all 19 members “unanimously agreed” the threshold of 93Z was “inappropriate” and that the government should explore “revising” it, given the difficulty to prosecute under the act.

Members included leaders from the Islamic faith, including a representative from the Australian National Imams Council, the council’s chair Michael Stead, of the Anglican faith, and Hindu, Catholic and Sikh leaders, among others.

The review follows the Executive Council of Australian Jewry announcing it would take legal steps against some of the clerics, via the Australian Human Rights Commission.

The government in November “streamlined” 93Z to allow police to lay charges without seeking approval from the Director of Public Prosecutions.