Over the past few weeks the cooperative media in Australia (and the US) has been harping on about antisemitic attacks, enabling the government to make radical changes to hate speech laws with zero debate. Here’s what the law used to look like:
80.2B Urging violence against members of groups
(1) A person (the first person) commits an offence if:
(a) the first person intentionally urges another person, or a group, to use force or violence against a person (the targeted person); and
(b) the first person does so intending that force or violence will occur; and
(c) the first person does so because of his or her belief that the targeted person is member of a group (the targeted group); and
(d)the targeted group is distinguished by race, religion, nationality, nation or ethnic origin or political opinion; and
(e)the use of the force or violence would threaten the peace, order and good government of the Commonwealth
Penalty: Imprisonment for 7 years.
So using a racial slur such as wog or calling someone a whinging pom wasn’t a criminal offence unless the intention was for force or violence to be used.
Here’s what it looks like now:
80.2B Advocating force or violence against members of groups or close associates
(1) A person (the first person) commits an offence if:
(a) the first person advocates the use of force or violence against a person (the targeted person); and
(b) the first person does so reckless as to whether force or violence will occur; and
(c) the first person does so because of the first person’s belief that the targeted person is:
(i) a member of a group (the targeted group); or
(ii) a close associate of a member of a group (the targeted group): and
(d)the targeted group is distinguished by race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality, nation or ethnic origin or political opinion; and
(e)the use of the force or violence would threaten the peace, order and good government of the Commonwealth
Penalty: Imprisonment for 7 years.
So now the government doesn’t have to prove intent for violence or force. Simply advocating violence is a crime. For example, statements like “Nazis need a fist to the face.” or “Muslims who hate Australia should be deported.” are now crimes because they advocate violence or force.
The bill then adds two more sections on threatening force
BA Threatening force or violence against groups
BB Threatening force or violence against members of groups or close associates
These sections are even worse because
a) the test is whether a reasonable member of the targeted group would fear or be apprehensive that the threat will be carried out (nobody has to actually feel threatened); and
b) it removes the requirement that the use of force or violence would threaten the peace, order and good government of the Commonwealth.
So advocating for the forced removal of Palestinians from Gaza or the bombing of Russian facilities in Russia is now a crime. Chanting “From the river to the sea, Palestine will be free” is a hate crime. Wearing a shirt that says “Free Tibet” is a hate crime.
It then adds two more sections on threatening damage to property:
BC Advocating damage to or destruction of real property or motor vehicle
BD Threatening damage to or destruction of real property or motor vehicle
As with the first two the test is whether a hyperthetical person would be apprehensive and it doesn’t have to happen in Australia.
So saying, “The next time an Asian driver cuts me off, I’m going to kick his car.” is a hate crime. Similarly, stating that “All communist members of parliament should have the word communist painted on their office windows.” is a hate crime.
Here are some more hate crimes:
“From the river to the sea, Palestine will be free”
“White people should be kicked out of Australia.”
“Nazis will be removed from this bar.”
“Communists should be shot.”
“Make Canada the 51st state.”
“The US should take over Greenland.”
“Illegal immigrant shelters should be bulldozed.”
“Gay pedophiles should have their children taken away.”
“The Pakistani rape gangs should be rounded up put in a cave.”
“Free Tibet”
