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Civil rights groups have raised concerns about the potential impact on freedom of expression
Australia enacted legislation on Thursday imposing mandatory sentences of at least one year in prison for individuals who display Nazi salutes or “hate symbols.” While officials say the updated law is meant to address rising hate speech and extremist behavior in the country, it has also raised concerns over its impact on freedom of expression.
The legislation follows a reported series of high-profile anti-Semitic attacks involving Nazi symbols being graffitied on Jewish places of worship and interest.
The law was initially passed in January 2024, although Thursday’s amendments make a jail term mandatory. Individuals found guilty of displaying Nazi salutes or hate symbols with the intent to incite hatred or intimidate others will now face a mandatory minimum prison sentence of one year.
Other penalties include a minimum of three years for financing terrorism and six years for committing or planning terrorist acts.
“The circumstances we are confronting in our community are so extreme that they require changes to the law,” New South Wales Premier Chris Minns told local media. “I don’t believe the laws as they currently stand adequately confront this danger. We reviewed the Law Reform Commission’s recommendations, studied other jurisdictions, and considered evidence from the field to make these changes.”
The legislation has reportedly garnered support from various community groups and organizations dedicated to combating hate and discrimination.
However, some civil liberties organizations have argued that while the intent to curb hate speech is commendable, the laws must be carefully implemented to avoid infringing on individual rights.
Legal experts have noted that the legislation includes provisions to balance the enforcement of the law with the protection of free speech. The law specifies that the display of hate symbols is prohibited when used to intimidate or incite hatred against a particular group.
Exceptions are made for legitimate purposes such as education, art, or scientific research.
The Australian government has indicated that law enforcement agencies will receive training to ensure the appropriate application of the new legislation.
