Queensland Introduces Hate Speech Laws Targeting Proscribed Phrases
Queensland is set to become the first Australian state to ban the phrase “from the river to the sea” under comprehensive new hate speech legislation announced by the state government. The proposed laws, unveiled by Premier David Crisafulli on Sunday, will be introduced to parliament on Tuesday as a response to the recent attack in Sydney, where 15 people were killed during a Hanukkah celebration.
The legislation will create a new offence prohibiting the public distribution, publication, display, or recitation of certain proscribed phrases when the intent is to cause menace, harassment, or offence.
The Attorney General, Deb Frecklington, confirmed that the phrases “globalise the intifada” and “from the river to the sea” would be included among the proscribed expressions.
“These sayings have no place in Queensland, when they are used to incite hatred, offence and menace,”
she stated.
Context and Legal Precedents
In New South Wales, the phrase is already subject to legal restrictions when used to incite hatred, harassment, intimidation, or violence. The term “intifada” originates from the Arabic word for uprising or “shaking off” and is used by pro-Palestine supporters to refer to uprisings against Israel that began in 1987 and 2000. However, many members of the Jewish community interpret the phrase as a call to violence against them.
The NSW inquiry into hate speech did not recommend banning “from the river to the sea,” a phrase that refers to the land between the Jordan River, which borders eastern Israel, and the Mediterranean Sea to the west.
Critics argue that the slogan calls for the elimination of Israel, while some supporters, including Palestinian-American writer Yousef Munayyer, contend it advocates for Palestinians living in their homeland as free and equal citizens.
Frecklington described the phrase as “offensive” and designed to incite hatred.
“I don’t even like to say it out loud,”
she said.
Penalties and Additional Provisions
Under the new laws, anyone found distributing, publishing, displaying, or reciting a prohibited phrase could face a maximum penalty of two years in prison.
The government will also introduce a new offence targeting the obstruction or harassment of individuals attending religious services, carrying a maximum penalty of three years’ imprisonment.
Penalties for assaulting or threatening a person officiating a religious ceremony will increase from two to five years, while wilful damage to a place of worship will carry a maximum sentence of seven years.
Furthermore, an existing ban on the display of certain symbols, such as swastikas, will be extended to include Nazi emblems, the Hamas and Islamic State flags, and the Hezbollah emblem. The maximum penalty for displaying prohibited symbols will increase from six months to two years’ imprisonment.
Consultation and Government Response
Frecklington noted that the government consulted with the Crime and Corruption Commission, the Human Rights Commission, and Queensland police during the drafting of the legislation.
Premier Crisafulli described the legislation as a “considered,” “calm,” and “detailed” response to the Bondi attack.
“We didn’t take a kneejerk reaction,”
he said.
“As a result, the legislation that will be tabled in parliament on Tuesday will be the best of its kind in the country.”
Crisafulli, who has stated that Queensland will not participate in a national gun buyback, announced that the government would reveal its plans for addressing gun control related to terrorists and criminals on Monday afternoon.
Community Reactions
The reforms were welcomed by Jason Steinberg, president of the Queensland Jewish Board of Deputies, who said the measures would enhance the safety of the Jewish community and restore confidence to live openly.
“For the past two and a half years, the Jewish community has endured unprecedented levels of hate, intimidation and fear, and the reforms send a clear message that antisemitism and hate have no place in Queensland,”
Steinberg said.
“This bill goes beyond words and delivers real, practical protections for our community and for all people targeted by hate.”
