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Fresh Calls for Even Stricter Speech Laws in Australia

Muslim communities concerned with "Islamophobia" are calling for even stricter speech laws just weeks after Australian politicians rushed through hate speech legislation citing the Jewish community's concerns with "antisemitism."

There are fresh calls for even stricter speech laws in Australia following an incident involving the Lakemba Mosque’s TikTok page. The renewed push comes after an individual allegedly referenced the 2019 Christchurch Mosque shooting in a post on the Sydney mosque’s social media account.

In response, Sydney’s Muslim community is now reportedly pushing for even tighter hate speech legislation, according to a post shared on Facebook by 9News Sydney. The calls come just weeks after the Australian government rammed through new hate speech legislation to address the Jewish community’s concerns over a rise in “antisemitism.”

“It is very concerning,” Bilal El-Hayek, Mayor of Canterbury-Bankstown, told 9News Sydney. “As we know now, Islamophobia has been up by more than 500% since October 2023. So, we’re very concerned. We’re very concerned for the local community.”

9News said the user claimed to be posting the comments from Silverwater Prison. He appears to be known to police, who reportedly said he has made similar threats of this nature.

Earlier this month, Australia rushed through hate speech legislation citing a concerning rise in “antisemitism.” Libertarian Member of the New South Wales Parliament, John Ruddick, however, is taking action to repeal the newly enacted laws after it was revealed that the series of antisemitic incidents were allegedly linked to a criminal enterprise rather than genuine hate crimes.

Australian Federal Police Deputy Commissioner Krissy Barrett commented on the situation, saying, “Almost immediately, experienced investigators believed the caravan was part of a fabricated plot, a criminal con-job.” Ruddick criticized the response of both state and federal parliaments, stating, “Regardless of these insights, our lawmakers acted in a knee-jerk manner and rushed to tighten laws against free speech.”

In Australia, a robust legal framework already exists to address various forms of violent or harmful behaviour, both in physical and digital spaces. It is already illegal to incite acts of violence, meaning that encouraging, provoking, or urging others to engage in violent actions is prohibited under laws such as those outlined in the Criminal Code Act 1995 (Commonwealth) and various state-based laws. This includes public statements, written material, or online content that could reasonably be seen as promoting violent acts.

Additionally, threatening others with violence is a criminal offence, often covered under laws related to assault, stalking, or intimidation. For example, making explicit threats to harm someone—whether in person, over the phone, or through digital communication—can lead to charges, with penalties varying by jurisdiction and severity.

Furthermore, using social media to harass or intimidate others is explicitly addressed under both criminal and civil laws. The Online Safety Act 2021 (Commonwealth) is supposed to empower authorities to tackle cyberbullying, online abuse, and harassment, allowing for the removal of harmful content and penalties for perpetrators. This includes behaviours like sending abusive messages, doxxing or persistently targeting individuals in a way that causes distress.

Laws prohibiting this behaviour already exist. If existing laws do not deter those intent on breaking those laws, what reason is there to believe even more laws will be a more effective deterrent?

Caldron Pool maintains that additional speech restrictions could further erode the democratic process in Australia, as fears of prosecution could stifle important debates on key political issues such as immigration, multiculturalism, and foreign conflicts.

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