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Independent MP Allegra Spender brings a proposal to Parliament today (February 3) to strengthen hate speech laws, in the wake of recent antisemitic attacks throughout NSW.

The hate speech laws are expected to be debated in parliament today, so Spender will present her amendment to both the major parties in the hopes that they will support crossbench MPs in toughening the current Bill.

Spender’s proposal would see criminal penalties for people who publicly use hate speech to target a person鈥檚 race, religion, sex, sexual orientation, gender identity, disability, nationality, ethnic origin, or political opinion.

It also clarifies that it “is immaterial whether the targeted person actually is so distinguished by the attribute or attributes mentioned in that paragraph or actually is a member of the targeted group”.

In this amendment, ‘publicly’ includes acts done or said in a public place and/or observable by the public, but also speaking, writing, displaying notices, playing recorded material, and communicating on social media and via other electronic methods.

The vilification vs. free speech debate has raged for a long time, but Spender’s amendment doesn’t specify ‘vilification’ at all. It instead outlines the act of 鈥減romoting hatred鈥�, with “hatred [including] detestation, enmity, ill-will, revulsion, serious contempt and malevolence”. It also says the act must have the intention to harass, threaten, intimidate or abuse the targeted person or group.

The amendment lists the penalties for conviction of this criminal offence as 250 penalty units or 2 years imprisonment.

Allegra Spender: current laws are being exploited by those who ‘glorify hatred with impunity’

鈥淯nder the current Bill, promotion of violence and hatred is not considered a crime unless it explicitly urges or threatens violence. This leaves a gaping hole that is being exploited by certain groups and individuals who are still able to glorify and promote hatred with impunity,” Spender told Star Observer.

“These statements have a cumulative effect that often lead to violence, fear and division. My proposed amendments will address that gap in legislation.”

鈥淲e have heard a lot of tough rhetoric from politicians against antisemitism and hate crimes. This is an opportunity for parliamentarians to do the job they were elected for and outlaw the hate speech that creates the environment for hate crimes.鈥�

Spender’s amendment has the support of Equality Australia and the Executive Council of Australia Jewry.

Equality Australia chief Anna Brown that the current hate speech laws needed the tougher regulations that are outlined in Spender鈥檚 proposal.

鈥淲e know that hate is not just about urging violence 鈥� hate is the spark that can escalate to violence,鈥� said Brown.

Peter Wertheim, the co-chief or the Executive Council of Australia Jewry, agreed, saying the sanctions were similar to those in other Australian states 鈥� which had worked, with strong public support.

鈥淭his is not a radical departure from what we鈥檝e seen elsewhere, for instance in Western Australia,鈥� said Wertheim.

鈥淭he provisions in Western Australia have been in place for more than a generation and they have been tested in front of juries, which have convicted and imposed stiff sentences. And they have broad public support.鈥�

Spender’s electorate has a large Jewish and LGBTQ+ communities

Allegra Spender is the member for Wentworth, and electorate which has a large Jewish population and is also home to the Jewish History Museum.

Spender’s proposal also covers hate speech that targets the LGBTQIA+ community, with the Wentworth electorate being one of Australia’s biggest LGBTQIA+ hubs and the electorate border running down Oxford Street, the home of the Sydney Gay and Lesbian Mardi Gras.

鈥淢y electorate includes a large proportion of both Jewish Australians and LGBTIQ+ Australians, and both communities have been targeted by hate crime,” said Spender. “I have drafted these amendments in consultation with my community and representative organisations.”

鈥淥ur laws are inadequate if hate preachers can still call for a 鈥渇inal solution鈥� and say Jews are 鈥渂loodthirsty criminals鈥� and 鈥渕onsters鈥�, while neo-Nazi demonstrators target our LGBTIQ+ community with banners that say 鈥淒estroy Paedo Freaks”,” she said.

The phrase ‘final solution’ is a WWII-era term; Nazi party leaders referred to the last stage of the Holocaust, the systematic mass murder of all Jewish people from 1941-1945, as the ‘Final Solution to the Jewish Question’.

鈥淪uch words promote hate and provide a climate for violence – as the Director General of ASIO has repeatedly reminded us, words matter,” said Spender.