Jewish body to sue over 'hate preaching' after police decline to press charges, government inaction on anti-Semitism
Australian Jewish leaders frustrated by lack of action against clerics delivering anti-Semitic remarks in sermons have announced they will take legal action to halt their activities after police failed to lay charges.
The Executive Council of Australian Jewry has announced it will take legal action against several Islamic preachers who made anti-Semitic remarks during sermons after police failed to lay charges.
A number of preachers, primarily in south-west Sydney, have reportedly included hateful comments in speeches made since Hamas' October 7 attack on Israel.
Those remarks have included labelling Jewish people "monsters," as well as "descendants of pigs and monkeys."
Despite New South Wales Police investigating two of the clerics, authorities have since stepped down and neither has been charged for the offensive comments.
ECAJ President Daniel Aghion condemned the inaction from police and governments over the sermons, arguing laws should be changed "as a matter of urgency" to ensure those preaching anti-Semitism could be held to account.
"The hate preaching must stop now, there are multiple ethnic and faith communities in Australia and the last thing we need is for our peaceful and cohesive society to be ruined by the importation into Australia of the hatreds and violence of overseas conflicts," Mr Aghion said in a statement.
"Governments bear the primary responsibility of maintaining peace and security in the community by taking decisive action to stop anyone seeking to set Australian against Australian.
"If existing laws are not fit for the purpose of dealing with this hate-filled bile, and the stoking of violence, then the law should be reformed as a matter of urgency."
In November, the NSW government announced it would adjust hate speech laws in the wake of rising anti-Semitic incidents in the state.
Premier Chris Minns said he hoped tougher laws would give police the powers needed to address threats of violence against the Jewish community, but legal experts say the threshold for criminality is high and would require a specific call for violence against a specific person, place or group would allow charges to be laid.
The government did also introduce religious vilification into the state's Anti-Discrimination Act, but the provision is civil and requires complainants to bring forward cases on their own accord.
Mr Aghion said the Jewish community was "deeply disappointed and distressed" over the lack of further action on anti-Semitic hate speech, but maintained it would not sit and wait for authorities to do more.
"Whilst we still have hope that the relevant authorities will act on these matters, our organisation will pursue the legal remedies available to us against those who have preached hate and promoted violence," he said.
"We must protect our own community."
The ECAJ has brought similar cases to the Australian Human Rights Commission and Federal Court in the past.
It is understood it may do so again in this instance, but is currently taking time to consider all legal options available.
Speaking to Sky News Australia on Monday, Liberal Senator and former Australian Ambassador to Israel Dave Sharma backed the ECAJ's move, explaining the inaction from authorities had "given a green light" for others to spread hate.
"This has been a pattern of behaviour by, admittedly, a small number of leaders within the Sydney Islamic community preaching hatred, incitement, intolerance from Friday prayers," he said.
"The fact that this has been largely allowed to go uncriticised by the state Labor and federal Labor governments, but also un-policed by the law enforcement authorities, has just given a green light, if you like, it's expanded what is allowed to be tolerated in the public square.
"As a result one part of Australia, the Australian Jewish community, is feeling very intimidated and threatened."
Senator Sharma added that the sermons went "well beyond expressing opposition to Israel's policy and Israel's conduct" in its fight against Hamas, suggesting the preachers were seeking to vilify Jewish people solely for their faith.
The Liberal Senator also backed the ECAJ's call for law reforms, arguing NSW Police should seek to lay charges in order to test the suitability of current legislation.
"I think charges should be laid, if it's found in court that this provision is not sufficient to capture this sort of conduct then we need to be looking at changing it," he said.