A New South Wales parliamentary inquiry examining potential bans on protest slogans has been warned that outlawing phrases like "globalise the intifada" risks importing "repressive models" from overseas and will disproportionately affect Muslim communities.
Submissions Warn of Disproportionate Impact
The inquiry into "measures to prohibit slogans that incite hatred" closed to submissions on Monday. It was established in the wake of the Bondi terror attack, with NSW Premier Chris Minns having singled out the phrase as "hateful, violent rhetoric." The government decided to refer the matter to a committee before enacting any legislative changes.
In a significant submission, the Australian National Imams Council (Anic) argued that such a ban is "likely to disproportionately affect Muslim Australians, including Palestinian and Arab communities." The council stated that phrases like "globalise the intifada" and "from the river to the sea" do not possess a single, fixed meaning and are used in diverse political and human rights contexts.
Anic cautioned that "content-based bans risk arbitrary enforcement" and may unfairly target specific communities and advocates.
Concerns Over Importing UK Policing Models
The activist Palestine Action Group (PAG) echoed these concerns in its own submission. While stating it had not itself led the specific chant at its rallies since October 2023, the group "rejected the suggestion that this chant, or any associated chant, is threatening in any way."
PAG drew direct attention to the United Kingdom, where police forces have announced they will arrest protesters using the phrase. The group warned the NSW government against "seeking to introduce similarly oppressive policies to those adopted in the United Kingdom."
Community Views and Legal Warnings
The inquiry has heard contrasting perspectives on the phrase's meaning and impact. The NSW Jewish Board of Deputies has previously welcomed the move to ban "globalise the intifada," calling it a "watershed moment in confronting hate and incitement." Many in the Jewish community associate the word "intifada" with periods of violence and terrorism.
Constitutional law expert Professor Anne Twomey has made a submission, while the NSW Council for Civil Liberties (NSWCCL) warned that banning slogans could undermine social cohesion and the implied freedom of political communication. The council argued the criminal law is a "blunt instrument" for managing community tension and advocated for an approach centred on education and human rights.
The inquiry, run by the Labor-majority committee on law and safety, is expected to deliver its final report to the government on 31 January.