Australia’s Hate‑Speech Debate and the Lessons Hidden in History

Australia Prime Minister Anthony Albanese has authorised a Royal Commission in the aftermath of the Bondi Massacre. The Bondi Massacre has renewed calls for Hate-Speech Laws to be passed.

Australia’s renewed push to strengthen hate‑speech laws, after the Bondi Massacre, has stirred up a familiar conversation across the Tasman. Whenever one democracy tightens the boundaries of acceptable speech, its neighbours inevitably ask themselves the same questions: What exactly are we trying to prevent? Do these laws work? And how do we avoid repeating the mistakes of the past?

To answer those questions, it helps to step back and look at the long, winding history of how societies have tried to regulate dangerous speech — from medieval blasphemy laws to modern hate‑speech statutes — and how New Zealand found itself wrestling with these issues in recent years.

Before “Hate Speech”: The Era of Proto‑Laws

Long before anyone coined the phrase “hate speech,” societies were already policing words. But the targets were very different from today.

Early speech restrictions were designed to protect the powerful, not the vulnerable. Medieval and early‑modern Europe punished blasphemy, heresy, and insults to monarchs. Sedition laws protected the state. Public‑order laws punished speech that threatened stability. These weren’t hate‑speech laws — but they were the ancestors of modern speech regulation. They recognised that words could inflame, destabilise, or provoke violence.

They were, in a sense, proto–hate speech laws: early attempts to control dangerous expression, but aimed at shielding institutions and dominant religions rather than minority communities.

Weimar Germany: A Warning From the Middle Ground

By the early 20th century, democracies began experimenting with laws that looked closer to what we recognise today. The Weimar Republic had statutes against inciting hatred, insulting religious communities, and spreading inflammatory propaganda. These laws were used — sporadically — against Hitler and the Nazi Party.

But they were weak, inconsistently enforced, and applied by courts often sympathetic to nationalist rhetoric. They failed not because the idea of regulating incitement was flawed, but because the state enforcing them was collapsing.

This failure became a turning point. After the war, the world understood that propaganda and dehumanising rhetoric weren’t abstract harms — they were precursors to genocide.

After the Holocaust: The Birth of Modern Hate‑Speech Law

Modern hate‑speech laws are a post‑WWII creation. Germany led the way with strict bans on Nazi symbols, Holocaust denial, and incitement against groups. These laws influenced the European Convention on Human Rights, UN anti‑racism conventions, and the frameworks adopted by Canada, the UK, and others.

For the first time, speech regulation was designed to protect vulnerable minorities, not the state or the dominant religion. The moral logic was clear: if hateful propaganda helped pave the road to genocide, democracies had a duty to intervene earlier.

But even with this moral clarity, the practical challenges remained.

The Drafting Dilemma: Why Hate‑Speech Laws Are So Hard to Get Right

Even supporters of hate‑speech laws acknowledge the same recurring problems.

Definitions are slippery.
Words like “hatred,” “insult,” and “hostility” are subjective. What one person sees as critique, another sees as bigotry.

Enforcement can become political.
Police and courts must interpret emotional concepts. That opens the door to inconsistency — or misuse.

Ideas are not people.
Laws should protect individuals from harm, not shield belief systems from criticism. When religion becomes a protected category, the line between hate‑speech law and blasphemy law can blur quickly.

Effectiveness is mixed.
Countries with strong hate‑speech laws still experience rising extremism. The laws can reduce public displays of hate, but they rarely change underlying prejudice.

These tensions are exactly what Australia is grappling with now — and what New Zealand confronted recently.

New Zealand’s High‑Threshold Approach

New Zealand has some of the narrowest hate‑speech laws in the democratic world. Under the Human Rights Act 1993, only racial incitement is covered. The threshold is high: the speech must be threatening, abusive, or insulting and likely to incite hostility or contempt.

Religion, gender, sexuality, disability, and political belief are not included. Most offensive or hateful speech is not illegal unless it crosses into threats, harassment, or incitement to violence — all of which are already covered by the Crimes Act and other statutes.

This approach reflects a strong cultural preference for free expression and a reluctance to criminalise attitudes rather than actions.

The Push to Add Religion — And Why It Backfired

After the Christchurch mosque attacks, the Royal Commission recommended expanding hate‑speech protections to include religion. The government proposed amending the Human Rights Act so that “insulting” or “hostile” speech about religious groups could become a criminal offence.

The reaction was swift and intense.

Critics warned that criminalising “insults” to religion risked creating a de facto blasphemy law — just two years after New Zealand had formally repealed its old blasphemy offence. The concern wasn’t abstract. Around the world, laws protecting religion from “insult” have been used to:

  • Suppress theological disagreement
  • Silence ex‑believers
  • Chill academic study of comparative religion
  • Shield harmful practices from scrutiny
  • Protect ideas instead of people

Public submissions overwhelmingly argued that the proposal would undermine open debate, academic freedom, and the ability to challenge belief systems — all essential in a pluralistic society.

In the end, the Law Commission declined to include hate‑speech reform in its work programme, and the government withdrew the proposal entirely.

What Australia Can Learn From New Zealand’s Experience

Australia’s debate is unfolding in a global context where hate‑speech laws are common but their effectiveness is mixed. The New Zealand experience offers a quiet but important lesson: even well‑intentioned reforms can stumble when they risk suppressing legitimate debate, especially around religion.

The challenge is not whether to protect vulnerable communities — everyone agrees on that. The challenge is how to do it without sliding back into the old pattern of protecting belief systems from criticism, the very thing modern democracies have spent decades moving away from.

If Australia wants to avoid repeating history — both ancient and modern — it will need to draft with extraordinary care, clear thresholds, and a firm commitment to protecting people rather than ideas.

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NZFOI Newsletter 202602
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A critical review of Anne Irfan’s “A Short History of Gaza”

Anne Irfan’s A Short History of Gaza is a deeply partisan narrative that prioritizes Palestinian grievance over balanced historical analysis.

Anne Irfan, a lecturer at University College London specializing in race, gender, and postcolonial studies, has built her academic career around Palestinian refugee rights and modern Middle Eastern history. Her latest work, A Short History of Gaza, is positioned as a concise historical account of the region, but it reads more like a polemic than a neutral chronicle. Irfan’s sympathies are clear, and while her research is extensive, her selectivity in presenting facts undermines the book’s credibility as a historical text.

The book traces Gaza’s trajectory from 1948 to the present, emphasizing the displacement of Palestinians and the humanitarian crises that followed. However, Irfan omits critical context that complicates the narrative she promotes. She does not acknowledge that Palestinians never ruled the land they claim: it was governed by the Ottomans, then the British, and later administered under a UN mandate. The UN’s 1947 partition plan recognized the historical claims of both Jews and Arabs and offered statehood to each. The Arab leadership rejected this compromise, choosing war over coexistence—a war they lost. The Nakba, often framed as a catastrophe inflicted solely by Israel, is more accurately the result of this rejection and its consequences.

Further omissions weaken Irfan’s account. She fails to mention that approximately 40% of Palestinian refugees hold citizenship in other countries, and that all Palestinian refugees in the West Bank and Gaza already live in territories they claim as their own. Her coverage of the 2023–2025 Gaza War notably excludes the extensive tunnel network—dubbed the “Gaza Metro”—used by Hamas for military operations. Most troubling is her tendency to recount Israeli-inflicted suffering without acknowledging the provocations or strategic decisions by Arab actors that led to such responses. This lack of causality presents Palestinians as passive victims rather than agents within a complex conflict.

Irfan’s disdain for Palestinian leadership—including the PLO, the Palestinian Authority, and Hamas—is evident, but this does not translate into balanced critique. Instead, it reinforces her activist stance. Like Ilan Pappe, who famously declared he was more concerned with what history should say than what it does, Irfan uses history as a vehicle for advocacy. Her book should be read with scepticism, not as a definitive account but as a reflection of a particular ideological lens. For readers seeking a comprehensive understanding of Gaza, this work offers insight—but only into one side of a multifaceted story.

 

 

Ireland admits there is no Genocide

The accusation that Israel is committing genocide has become a prevailing belief. But it’s so wrong. Ireland knows it too and applied for the ICJ to change the definition of Genocide.

The idea that Israel is committing genocide has been given credibility by South Africa’s case at the International Court of Justice (ICJ), which has been supported by at least 14 other countries.

Yet, one of those supporting countries, Ireland, realising that the case against Israel is weak, applied for the definition of Genocide under the Convention, to be changed.

Ireland argues that the original definition is too narrow.  

The current definition of genocide comes from the 1948 Genocide Convention, which defines it as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. Changing this definition would require amending a foundational treaty, which is extremely difficult and politically sensitive.

The ICJ has consistently held that genocidal intent must be the only reasonable inference from the acts in question. This makes proving genocide very difficult, especially in armed conflict situations where multiple motives may exist.

Redefining genocide to fit a specific case risks politicizing international law and diminishing the gravity of the term. It could set a precedent where states push for legal reinterpretations to suit political goals.

Countries like Ireland, which joined South Africa’s case, have called for a broader interpretation of genocide. However, this move has been criticized as potentially undermining the ICJ’s legitimacy and the integrity of the Genocide Convention.

Expanding the definition could dilute the term’s association with atrocities like the Holocaust, Rwandan genocide, or Bosnia, potentially offending survivors and communities affected by those events.  

In interviews with Medialine, experts, such as Dr Tammy Caner, director of the Law and National Security Program at the Institute for National Security Studies, and Dr Eliav Lieblich, a scholar in public international law at Tel Aviv University,  warn that broadening the definition could backfire. It might open the door to more frequent and politically motivated genocide claims, weakening the ICJ’s ability to adjudicate serious cases impartially.

The text of the letter is a double-edged sword for the case since Ireland seems to concede that the accepted interpretation of the crime would not apply in this case and argues that it should be changed. — Dr Eliav Lieblich, Tel Aviv University.

Requesting the ICJ to broaden its interpretation [of the definition of Genocide] explicitly indicates that Israel is not committing genocide. — Dr. Tammy Caner, director of the Law and National Security Program at the Institute for National Security Studies (INSS).

Genocide is an emotionally charged word. Perhaps it was originally used against Israel as hyperbole, an exaggeration to get cut-through in the information overloaded world in which we live.

But now it has morphed from an exaggeration, to a belief.  A false belief.  Sadly, even international jurists in the most esteemed court of the world, are not immune to the influence of the madding crowd.

Judge Julia Sebutinde, a Ugandan member of the International Court of Justice (ICJ), dissented from the court’s provisional measures order in the case of South Africa v. Israel concerning the situation in Gaza. She disagreed with the majority decision, arguing that the dispute was primarily political rather than a legal matter suitable for judicial settlement. She also found that South Africa had not provided sufficient evidence of genocidal intent by Israel. 

There is a reason why the symbol of justice is blindfolded and carries scales.  Justice requires impartiality and evidence that must be weighed.

The ICJ was first established with the moral hope, to create a peaceful and lawful mechanism for resolving disputes between nations.  A true and noble goal.  But if the court allows itself to become politicized and its credibility is sufficiently damaged, then countries will withdraw from it, as they have done from the International Criminal Court (the ICC), and the original hope will be lost.  We need the ICJ to step up.

 

Independence Day 2025 creates moment of reflection

Tony Kan (President, NZFOI), HE Ambassador Alon Roth-Snir and Kate MacPherson (Committee Member)

This week, our President, Tony Kan and Kate MacPherson travelled up to Wellington to attend the reception to mark the 77th Anniversary of the Independence of Israel.

To a packed house, the Ambassador spoke about our common values, and the opportunity to forge a stronger relationship between our countries through trade and fighting intolerance.

Jo McKeagan, the Principal Advisor to the Deputy Secretary (Middle East and Africa) at the Ministry of Foreign Affairs, spoke on behalf of the NZ Government. Most notable of all, this year there was no mention of the creation of an independent Palestinian State, a commitment to a two state solution, or a call for Israel to moderate its military conduct.

In stark contrast to last year, the event was not marked by attendees being harassed by shouting over megaphones and blaring sirens from Pro-Palestinian protesters. Apparently they went to the wrong address.

The reception was also cause to reflect on how things have changed over the last 12 months:

  • Iran had seen its decades long investment in building proxy enemies, Hamas, Hezbollah and the Assad regime to threaten Israel, have been made combat ineffective. Their senior leadership either dead, in hiding or in exile.
  • Decades of economic mismanagement caused by the Mullah’s fixation on imperialism has left Iranian civilians impoverished and desperate: So desperate that advertisements to sell kidneys to make ends meet are a common occurrence, infrastructure such as water supply networks have become unreliable and the Iranian currency is one of the most worthless in the world.
  • Israel has demonstrated the effectiveness of its covert forces in identifying their enemies’ leadership, their location and to devise ingenious ways to nullify them.
  • Israel now controls the Philadelphia Corridor, preventing Hamas from smuggling in further arms and munitions.
  • Israel is implementing its own aid distribution system, which will severely curtail Hamas’ ability to divert aid for its own consumption. This will hamper its ability to continue the war.
  • The election of a conservative US Government meant that there was no indecision hampering the supply of arms and munitions.
  • Various thinkers, such as Douglas Murray, Melanie Phillips, Tom Holland, and Nigel Biggar are beginning to realize that what makes the West so successful are Judeo-Christian values, precepts and beliefs.

On the other hand, there is a deep sadness and grief over the loss, suffering, and hardship caused by Hamas’ evil, which has taken all around them to doom.

In the immediate, it remains for Israel to end Hamas’ rule in Gaza, place it under administration and begin the slow hard slog to de-radicalize the civilian population. Hamas has used its 20 years to create an Islamo-Fascist state and the culture, unfortunately, now runs deep.

The threat of Iran gaining nuclear weapons is serious and Iran is likely to string out any negotiations reasoning that President Trump has less than four years in power. If the possibility of an agreement that prevents them from developing a nuclear weapon is not possible within this period, then it may be forced to take unilateral action.

Yes, in 12 short months, the balance of power has shifted in the Middle East, and there is much to draw hope from. Churchill said that in war, one must be resolute. But recent events show antisemitism is strong even among some members of NZ society but Israel’s example, should inspire us to show the same robust and resolute response.

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Iran: Moving beyond diplomatic delusions

Iranian President Masoud Pezeshkian (left) may hint at agreeing to nuclear negotiations, but it is Supreme Leader Ali Khamenei (right) who will ultimately make the decision (Image: Khamenei.ir)

US President Donald Trump’s two-month ultimatum to reach a nuclear deal with Iran is being watched closely across the Middle East and beyond. Rather than triggering serious negotiations, this deadline exposed the enduring flaw in the West’s approach to the Islamic Republic – the persistent fantasy that Iran can be a genuine negotiating partner. Trump reinforced this stance in a letter to Iran’s Supreme Leader, warning that time is running out and signalling that the US will not tolerate further stalling.

Read more

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This has been a tough year, so we really appreciate and thank you for your support.

May the hostages be returned in 2025!

Do have a warm and memorable Hanukkah and Christmas with your family, friends and loved ones.  If you are travelling, may you return safely.

One year on, there is hope…

Last night we were privileged to organize and hold a memorial service to remember the dead and to honor those who have fallen in battle so their loved ones can life in peace and safety.

A board member of the Holocaust Centre took part, and the President of the Canterbury Hebrew Congregation thanked us and gave us her approval.

Since the atrocities of October 7, the West after initially supporting Israel and abhoring the cruelty and barbarity of that day, quickly turned on Israel. The horror of war and Hamas’ clever propaganda campaign did its job.

On the other hand, another generation of Israelis have responded with courage, professionalism and boldness and proven to the world that they are capable of protecting their loved ones.

What has also emerged is a worldwide community of people who have stood up for Israel, who have called out the untruths that its enemies would so want the world to believe, who have stood in vigils every week, rain or shine.

The community has found its voice in prominent figures such as Juliet Moses, David Cumin, Sean Plunket, Bryce Turner, Nigel Woodley, Murray Douglas, Natasha Hausdorff, Melanie Phillips, Caroline Glick, Dr Phil, Hillel Neuer… too many to name here.

From Washington DC, to London, to Melbourne, to NZ towns and cities like Auckland, Wellington, Tauranga, Christchurch, Palmerston North, Invercargill, people who are salt of the earth, common everyday people are coming out on the streets and standing up.

When we marched in Christchurch to support Israel, people on the side of the street began to clap.  It felt like the Tour de France.  The majority of NZers are sensible and they can recognize evil when they see it.

Many thanks to the everyone who helped with the event last night. It was a grievous, poignant but also heartwarming evening. Unfortunately, for security reasons, we can’t name you but your contributions made the evening so special.

A member of the Jewish community messaged us this morning:

It was a healing evening.  Thank you.  There is hope.