enjoy the day off

  • Deceptichum@quokk.auOP
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    3 days ago

    Michelle Rowland has confirmed that groups will be banned for saying it, how is that not making it illegal?

    • DarkCloud@lemmy.world
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      3 days ago

      She did no such thing. She didn’t make that determination in the interview.

      She said she couldn’t say, and it would depend on the nature of the offence, because the new laws are about racism. Not national politics.

      • Deceptichum@quokk.auOP
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        3 days ago

        Oh please.

        SPEERS: Ok, so this comes back to the question I was asking. If they are saying that Israel is engaged in genocide or condemning Israel, saying it shouldn’t exist and Jewish Australians feel harassed or intimidated, they can be banned for that reason?

        ROWLAND: If those criteria are satisfied, then that is the case. I would point out though, David, it would have been a set of criteria that would have been easier based on all the facts to have satisfied if we did have the serious racial vilification provisions in this bill. However, we understand that we deal with the Parliament as it is and as the Australian people elected it last year, which is why it is not there.

        It could easily be claimed that calling for the removal of the state of Israel is a hate crime (ex. River to the Sea) , and that doing so has “has advocated hate crimes relating to race, national or ethnic origin” meeting said criteria.

        • DarkCloud@lemmy.world
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          3 days ago

          That’s not the criteria, you’ve modified it, the actual criteria are:

          • The statement is made publicly
          • A member of the group engages in conduct intending to either: promote or incite hatred of another person or persons because of their race, colour or national ethnic origin; or disseminate ideas of superiority over or hatred of another person or group of persons because of their race, colour or national ethnic origin*
          • A judge finds it reasonable for a person in Australia of the targeted race, colour or national ethnic origin, to be intimidated or feel threatened by the statement.

          What’s more these aren’t legal criteria of arrest, because the racial vilification section DID NOT PASS, these are the internal criteria for ASIO to use when classifying hate groups.

          Hate Groups then have a right to contest ASIOs determination in the courts.

          All the law is saying is that members of a designated hate group can’t threaten Australians with violence based on their national ethnic origin.

          You (who I assume arent part of a designated hate group) can say Israelis connected to the bombing of innocence civilians deserve to be beaten and killed. Israel is a nation, not an ethnicity.

          But the Racial Vilification section didn’t pass anyways, and I’m speaking as an individual (not a designated hate group) so I can’t be charged as an individual for what I’ve said.

          It’s entirely legal to criticise and even be hateful about Israel in Australia. You’ll not find anyone of any merit claiming otherwise. Hence the article I provided.

          P.S Australia doesn’t have any designated hate groups yet. Not even the Nazis have been classified that way yet.

          • Deceptichum@quokk.auOP
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            3 days ago

            I have not modified it at all, I took it directly from the pdf.

            Regardless of the wording, I have zero faith our government and future ones will use this in good faith and not abuse it to favour Israel’s bullshit just like they have supported them from the get-go in this genocide.