Caity Johnstone: Oppose Israel’s abuses while you can

Australia’s Labor government has successfully passed a “hate speech” bill that’s plainly aimed, at least in part, at suppressing pro-Palestine organizations as “hate groups”.

Free speech advocates are sounding the alarm about the new laws, saying their extremely vague wording, lack of procedural fairness and low thresholds for implementation mean groups can now be banned if they make people feel unsafe or upset without ever actually posing any physical harm to anyone.

For me the most illuminating insight into what these laws are actually designed to do came up in an ABC interview with Attorney-General Michelle Rowland on Tuesday.

Over and over again throughout the interview Rowland was asked by ABC’s David Speers to clarify whether the new laws could see activist groups banned for criticizing Israel and opposing its genocidal atrocities in a way that causes Jewish Australians to feel upset feelings, and she refused to rule out the possibility every single time.

“Let’s just go to what it means in practice: would a group be banned if it accuses Israel of genocide or apartheid, and as a result, Jewish Australians do feel intimidated?” Speers asked.

Rowland didn’t say no, instead saying “there are a number of other factors that would need to be satisfied there” and saying that agencies like the Australian Federal Police (A.F.P.) and the Australian Intelligence Security Organisation (ASIO) would need to make assessments of the situation.

“Okay, just coming back to the practical example though, if a group is suggesting that Israel is guilty of genocide, what other measures or factors would need to be met before they can be banned?” Speers asked.

“Under the provisions that are now before the parliament, there would also need to be able to demonstrate that there are for example, some aspects of state laws that deal with racial vilification that have been met as well,” Rowland responded, again leaving the possibility wide open.

(It should here be noted that Greens justice spokesperson Sen. David Shoebridge has pointed out that “state laws that deal with racial vilification” can include “tests like ‘ridicule’ and ‘contempt’,” meaning people could wind up spending years in prison for associating with groups that were essentially banned for upsetting someone’s feelings.)

“Just to be clear, if a group is saying Israel is engaged in genocide, or they’re saying that Israel should no longer exist, that is not enough for that group to be banned?” asked Speers.

“Well, again, that would depend on the other evidence that is gathered, David, so I would be reluctant to be naming and ruling in and ruling out specific kinds of conduct that you are describing here,” Rowland replied.

All this waffling can safely interpreted as a yes. Rowland is saying yes. Speers pushed this question three different times from three different angles because it’s the most immediate and obvious concern about these new laws, and instead of reassuring the public that they can’t be used to target pro-Palestine groups and aren’t intended for that purpose, the nation’s Attorney General confirmed that it was indeed possible.

So that’s it then. Under the new laws we can expect to see the Israel lobby crying about Jewish Australians feeling threatened and unsafe by every pro-Palestine group under the sun, and then from there all it takes is the thumbs-up from ASIO to put the group on the banned list and cage anyone who continues associating with it for up to 15 years.

The bill that ended up making it through Parliament is actually a narrowed down version of an even scarier bill that was scrapped by Labor due to lack of support which went after individuals as well as groups.

The earlier version contained “racial vilification” components which could have been used to target any individual who voices criticisms of Israel or Zionism — so it doesn’t look like I’ll be doing any prison time for my writing any time soon. The new version moved its crosshairs to groups with the obvious intent to disrupt pro-Palestine organizing in Australia.

And we’re already seeing the Israel lobby pushing to resurrect the laws targeting individuals. A new ABC article titled “Jewish leaders call for vilification offence to be revisited as Coalition splits over watered-down hate laws” cites Zionist Federation of Australia president Jeremy Leibler and Executive Council of Australian Jewry co-chief executive Peter Wertheim arguing that the new laws don’t go far enough.

So we can expect the Australian Israel lobby to both (A) push to get pro-Palestine groups classified as “hate groups” under the new laws and (B) keep pushing to make it illegal for individuals to criticize Israel in the form of new “racial vilification” laws. They’ll keep trying over and over again, from government to government to government, until they get their way.

This comes after Australia/Israel & Jewish Affairs Council Executive Manager Joel Burnie publicly stated that he wants to ban pro-Palestine protests and criticism of Israel throughout the nation, and as prosecutors drag an Australian woman to court for an antisemitic hate crime because she accidentally butt-dialed a Jewish nutritionist and left a blank voicemail.

So things are already ugly, and they’re getting worse.

It’s so creepy knowing I share a country with people who want to destroy my right to normal political speech. It would never occur to me to try to kill Zionists’ right to free speech, but they very openly want to kill mine. They want to permanently silence me and anyone like me. I find that profoundly disturbing.

Israel supporters are horrible people. And I hope my saying that hurts their feelings. 

* * *

In the meantime, I’ve seen some Australians expressing confusion as to whether or not they can still legally criticize Israel online after the new “hate speech” laws were passed under the pretense of combatting “antisemitism”. The answer is yes, and you definitely should keep opposing Israel and its genocidal atrocities.

I am worried that these new laws may indirectly have a bit of a chilling effect on pro-Palestine activism due to Australians not understanding these new laws and what people are allowed to do without being jailed. So let’s clear this up thoroughly so we’re all on the same page.

To be perfectly clear: it is still legal for Australians to oppose Israel and to associate with pro-Palestine groups — and we should. What’s changed is that now those groups can be classified as “hate groups” and banned, similarly to how Palestine Action has been banned in the UK. But this hasn’t happened yet, and hopefully never will. We need to push for these new laws to be repealed, because they look guaranteed to be abused at some point in the future.

Know your rights, Australians:

It is still legal to criticize Israel. So we should criticize it as much as possible, because we don’t know how much longer we’ll have that right.

It is still legal to associate with pro-Palestine groups. So we should do so at every opportunity, because we don’t know when they’ll start listing them as “hate groups” and imprisoning anyone who continues to associate with them.

Unless you are in certain parts of Sydney while the post-Bondi protest ban remains in effect, it is presently fully legal to hold pro-Palestine marches. So attend as many as you are able, because you don’t know when they’ll be shut down altogether.

It is still legal to say that Israel is a genocidal apartheid state, and to share information and opinions about its abuses. So we should do so as much as we can, because we don’t know when that right will be taken away.

It is still legal to state the fact that Zionism is a racist and murderous political ideology and that everything we’ve seen in Gaza is the result of Zionists getting everything they want. So we should say it frequently, because that right could vanish at any time.

It is still legal to say “Fuck Israel, free Palestine.” So we should say it loud and say it often, because we don’t know how much longer we’ll be allowed to do so without getting thrown into prison.

The Israel lobby is working frenetically to crush free speech in Australia, and the swamp monsters in Canberra are either actively facilitating this agenda or doing far too little to stop it. The more aggressively they work to take away our right to oppose Israel, the more aggressively we need to oppose both them and Israel.

We’re not just fighting for Gaza anymore, we’re fighting for our own civil rights, and for our children, and for our grandchildren. They’re actively assaulting our ability to speak critically of power and make this nation a more tyrannical place. The only appropriate response to this is ferocious defiance.

Our future depends on it.

Caitlin Johnstone’s work is entirely reader-supported, so if you enjoyed this piece please consider sharing it around, following her on Facebook, Twitter, Soundcloud, YouTube, or throwing some money into her tip jar on Ko-fi, Patreon or Paypal. If you want to read more you can buy her books. The best way to make sure you see the stuff she publishes is to subscribe to the mailing list at her website or on Substack, which will get you an email notification for everything she publishes.  For more info on who she is, where she stands and what she’s trying to do with her platform, click here. All works are co-authored with her American husband Tim Foley.

This article is from Caitlin’s Newsletter and re-published with permission on Consortium News

The views expressed are solely those of the author and may or may not reflect those of Middle East Online.