New Developments in the Anti-Semitism law in Australia

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by Khaled Ghannam

Australia is undergoing a historic turning point following the terrorist attack on Hanukkah celebrations[1] at Bondi Beach in Sydney on the evening of December 14, 2015. The Australian government has accelerated the passage of new legislation to combat antisemitism. The government’s response to the Special Envoy’s plan to combat antisemitism[2] included thirteen recommendations supporting the report’s legal aspects and outlining key government decisions to date. Some of these decisions came after the Australian government signed international agreements adopting the International Holocaust Remembrance Alliance’s definition of antisemitism[3], which criminalizes criticism of Israeli government policies and criminalizes questioning the loyalty of Australian Jews to the Israeli government or their right to participate in Israeli military operations in the occupied Palestinian territories.

On another front, a specialized antisemitism unit was established within the Australian Federal Police, criminalizing any act that might threaten the interests of the Jewish community and its relationship with the Israeli government. Additionally, legislation was enacted to regulate the educational, media, and social sectors, ensuring their policies comply with antisemitism laws[4].

It is important to note here that the International Holocaust Remembrance Alliance’s definition of antisemitism encompasses hostility towards Judaism in general and hostility towards Zionism and the State of Israel in particular. For further details, I recommend reading my research paper titled “Palestinians and Antisemitism – in arabic.[5]” While the term “Semitic” refers to the Semitic peoples who inhabited the eastern Mediterranean in ancient times, the Zionist movement and its allies consider Jews, and only Jews, to be the Semitic people. However, I demonstrated in my previous research that ancient Judaism was a religion shared by several Semitic, Hamitic, and Japhetic groups, as evidenced by the Torah.

Returning to Australia, which is suffering from rising rates of Hate (racist) crimes that pose a serious threat to community security, I must acknowledge that the terrorist attack on the Hanukkah celebration on Bondi Beach in Sydney was far greater than the expectations of those following racist crimes, which were at most physical assault or arson of property and at least racist graffiti[6].

The Jewish community alone possesses institutions dedicated to monitoring and documenting racist crimes for the relevant government authorities[7]. However, these institutions often conflate politically motivated crimes, which are predominantly directed against the practices of the Israeli government and its supporters in Australia, with other forms of racist violence. It’s undeniable that some racist crimes target the Jewish community as a whole, regardless of its level of loyalty to the Israeli government. It’s also important to note that within the Jewish community, there are active progressive groups opposed to Zionism and who reject the control exerted by the Israeli government over Jewish communities worldwide, particularly in Australia.

Racist crimes against indigenous people[8] are the most violent and have resulted in the most deaths or imprisonment. Racist crimes against Muslim communities[9], especially the Lebanese community[10], are the second most widespread and dangerous crimes in Australia. They are followed by racist crimes against new immigrants, then racist crimes against Indian students[11], and then racist crimes against Chinese workers[12]. There are also racist crimes of a smaller scale against all non-European communities, but with less severity[13].

In addition to the anti-Semitism law, there are many laws to protect Australian society from racist crimes. There are also draft laws that have been submitted for approval by the Federal Parliament and the Australian government[14], such as the Islamophobia Act: Anti-Muslim sentiment and fear in Western democracies, the Sydney Statement on anti-Palestinianism[15], draft laws on freedom of expression and demonstration at the state and federal government levels, and many other draft resolutions that are awaiting a decision[16].

It is well known that racist groups exploit the shock following any racist crime to spread their racist rhetoric. In the aftermath of the terrorist attack on the Hanukkah celebration on Bondi Beach in Sydney, false news spread on social media accusing specific individuals of being the terrorists who committed the crime[17]. Information was also disseminated about entities that funded and supported the terrorist operation[18]. This rhetoric was further fueled by statements from Israeli officials, who blatantly attacked the leaders of the ruling Australian Labor Party[19] and the Muslim community. All of this occurred before Australian security agencies announced the names of the terrorists and their religious beliefs. We have not seen any official statement condemning the spread of false information and the unjustified defamation of Australians, nor have we heard any condemnation of the Israeli government’s blatant interference in a case that occurred in Australia against Australian citizens. Last November, the Australian Ambassador to Israel, Dr. Ralph King, suggested that the rise in anti-Semitism in Australia might be linked to increasing objections to Israeli policies.

The Bundi terrorist attack brought Gillian Segal back into the spotlight as the Australian government’s special envoy on antisemitism legislation[20]. She appeared angry at the government’s delay in passing the bill, stating that the definition of antisemitism was no longer an issue, as the Australian government had signed international agreements obligating it to adopt the International Holocaust Remembrance Alliance’s definition of antisemitism. She added that legal proceedings had already begun, implying that the government had indeed passed the law[21].

New South Wales Premier Chris Minns issued a decision to freeze the right to protests in the state[22], on the grounds that demonstrations incite societal hatred. This was followed by some Zionist websites circulating a fabricated video showing one of the Bundi attack terrorists in a pro-Palestine protest near the Opera House in Sydney, with the intention of distorting the goals of the demonstration calling for an end to the war, and defaming the demonstrators as terrorists[23].

On a related note regarding Australians fighting in the Israeli army: Australian law permits dual nationals to serve in the armed forces of that country in accordance with international agreements. These international agreements prohibit dual nationals from participating in hostilities in territories occupied by foreign forces under international law, and also prohibit them from participating in war crimes. Therefore, the participation of Australians in Israeli hostilities in the Palestinian territories, including the Gaza Strip, is considered a war crime punishable under international law[24].

Australian activists have objected to Australians participating in the fighting in the Gaza Strip in the ranks of the Israeli occupation army[25], and have presented evidence and proofs confirming that more than five hundred Australians responded to the Israeli government’s call for general mobilization of the Israeli Defense Forces reserve in late October 2023, and this number has escalated rapidly and reached nearly one thousand Australians in mid-December 2023[26].

This prompted the Australian Centre for International Justice to write to the Minister of Home Affairs[27], presenting compelling evidence of war crimes committed by Israeli occupation forces, according to reports from international organizations and global news agencies. However, the government’s response was weak, describing the report as exaggerating the number of Australians involved in combat operations and declaring that the Australian government was not obligated to endorse the reports of international organizations and global news agencies.

Because this was not convincing to the public, the activists wrote a petition to the Federal Parliament on this matter. This petition was signed by more than 700 prominent Australian figures[28]. However, the parliamentary committee demanded to hear the government’s response, which included an affirmation that reminded the public of the laws regarding dual citizenship, and that the government was prepared to consider individually any violation that could be classified as a war crime: that any Australian-Israeli might have committed while carrying out combat operations.

These decisions by the Australian government, which considers any Palestinian Australian fighting against the Israeli occupation forces a terrorist, warrant their arrest and punishment through imprisonment or deportation. Furthermore, many activists believe that Australian Jewish community organizations are complicit with the Israeli occupation army and are actively sending more soldiers to it, leading some activists to accuse them of being Nazis participating in war crimes in the Gaza Strip[29].

Perhaps the biggest crime committed by the Australian government is adopting the report[30] on anti-Semitic incidents adopted by Ms. Gillian Segal based on the reports of the Australian Jewish Executive, which is the accredited body for documenting and recording anti-Semitic incidents according to all official government reports. There is no entity that defends those who commit them, and there is no neutral entity that studies these reports scientifically.

What can be classified as an anti-Semitic act encompasses many possibilities[31]. These may include the individual’s or organization’s allegiance to the far-right Israeli government or to the Zionist movement responsible for expanding settlements in the occupied Palestinian territories. It could also include any individual or organization hostile to the Palestinian struggle and the Palestinian people’s right to self-determination and political independence[32]. Furthermore, it could involve racist groups who hate Jews simply because they follow the Jewish faith. Grouping these incidents together in a single report under the heading of anti-Semitic incidents in Australia is misleading to the Australian public and systematically adopts the International Holocaust Remembrance Alliance’s definition of anti-Semitism.

In Special Report: Anti-Jewish incidents in Australia 2025[33]published byThe Executive Council of Australian Jewry (ECAJ), we can read that more than 50% of the incidents mentioned in the Australian Jewish Executive’s report on anti-Semitic incidents for 2025 were not directed against the Jewish community, but rather against the Zionist movement and the extreme right-wing Israeli government, in support of the Palestinian people and demanding an end to the genocide against them.

According to the same report, anti-Semitic incidents in 2025 increased fivefold compared to 2023 and earlier, indicating that these incidents are linked to the ongoing war on the Palestinian people, in which the Israeli occupation army committed war crimes that shook public opinion, including public opinion in Australia.

Describing Jews as Nazis and Netanyahu as a new Hitler cannot be considered anti-Semitic[34]; rather, it falls within the context of a campaign to stop the genocide being perpetrated by the Israeli occupation army in the Gaza Strip. There are various ways to describe the anger of the Australian public over the support of Australian Zionists for the Israeli government’s decisions regarding the genocide against the Palestinian people. Some of this anger has been entirely peaceful, expressed through authorized demonstrations, newspaper articles, and radio and television interviews, while some has taken violent forms that are punishable by law.

For Australian police, any graffiti is considered illegal[35], even if it says “Love Jesus, He is praying for you,” “Freedom for Palestine,” or “Death to Israel.” The law makes no distinction between positive and negative messages; it’s all considered trespassing. This leads us to understand the government’s approach to such events as a legal offense, regardless of the intention behind them.

Here we see the Australian government enacting antisemitism legislation, citing the report of Special Envoy Gillian Segal, which relied primarily on annual reports of antisemitic incidents published by the Australian Jewish Executive. The government failed to propose the formation of an impartial committee to monitor these incidents and determine the motives of those who perpetrate them against the Jewish community or against the far-right Israeli government and the Zionist movement. Furthermore, it did not consider the possibility that some Zionist organizations might have orchestrated some of these incidents to garner public sympathy, a possibility that warrants investigation.

[1] – https://www.abc.net.au/news/2025-12-14/bondi-beach-shooting-terrorist-attack-12-dead/106141580

[2] – https://www.homeaffairs.gov.au/reports-and-pubs/files/eliminating-antisemitism.pdf

[3] – https://holocaustremembrance.com/resources/working-definition-antisemitism

[4] – https://www.afp.gov.au/news-centre/media-statement/afp-statement-special-operation-avalite-update

[5] – https://khaledghannam.com/Research/%D8%A7%D9%84%D9%81%D9%84%D8%B3%D8%B7%D9%8A%D9%86%D9%8A%D9%88%D9%86-%D9%88%D9%85%D8%B9%D8%A7%D8%AF%D8%A7%D8%A9-%D8%A7%D9%84%D8%B3%D8%A7%D9%85%D9%8A%D8%A9/

[6] – https://www.aic.gov.au/statistics/national-hate-crimes-database

[7] – https://www.ecaj.org.au/antisemitism-reports/

[8] – https://www.abc.net.au/news/2025-06-24/survey-finds-significant-rise-in-racism-indigenous/105453342

[9] – https://www.sbs.com.au/news/article/islamophobic-attacks-in-australia-reach-crisis-levels-according-to-new-report/2uvzhw0ev

[10] – https://www.internationalaffairs.org.au/australianoutlook/australia-needs-a-register-for-all-hate-crimes-including-islamophobia/

[11] – https://www.newindianexpress.com/world/2025/Jul/23/indian-student-brutally-assaulted-in-racist-attack-in-australia-1-held-probe-on

[12] – https://www.peopleshistory.com.au/ep-21-radical-chinese-workers-in-australian-history/