Legal in one state, a crime in another: laws banning hate symbols are a mixed bag
Queensland has now joined several other states in outlawing extremist hate symbols.
- Queensland has now joined several other states in outlawing extremist hate symbols.
- Far-right and neo-Nazi groups pose a significant ongoing threat to national security, in Australia and globally.
- However, banning specific symbols and gestures is a tricky thing to do.
What are the laws across the country?
- Over the last 16 months, Victoria, NSW and Tasmania have enacted laws banning the public display of Nazi symbols and salutes.
- Last week, it expanded this to include any symbols used by the Nazi party, including paramilitary arms like the SS.
- All the laws include exemptions where symbols are displayed for legitimate religious, artistic, legal, historical, or educational purposes.
- The federal government has also put forward its own national ban laws, but those are yet to pass parliament.
How do Queensland’s laws compare?
- First, the laws do not list any prohibited symbols.
- This will, in theory, allow the Queensland government to adapt to new hate symbols as the need arises.
- No one knows, at this point, what the laws will actually ban.
- It is a crucial aspect of the rule of law that laws state clearly when conduct is a crime.
How consistent are the laws?
- Victoria, Tasmania and NSW’s laws are broadly consistent, with Queensland as a clear outlier.
- For example, it will now be an offence to display a Nazi tattoo in Queensland and NSW, but not in Victoria and Tasmania.
- But it does suggest a degree of experimentation, with no consensus on the most effective approach.
How will we know if the laws are effective?
- In any state, neo-Nazi groups may simply avoid prosecution under these laws by adapting the symbols, slogans and gestures they use.
- In addition, the laws will allow police to disrupt and arrest those who pose a threat to our communities.
- These developing laws send a clear signal that Nazi ideology has no place in Australian society.
Keiran Hardy does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.