ACT Policing to Return Seized Posters to Dissent Cafe After Hate Symbol Investigation Concludes Without Charges
ACT Policing will return posters seized from Dissent Cafe and Bar in Canberra after an investigation into potential breaches of new federal hate symbol laws concluded without charges. The incident involved the temporary closure of the venue and the seizure of artwork depicting various world leaders in Nazi-like uniforms.
Incident Overview
On a Wednesday evening, ACT Police responded to a complaint regarding potential hate imagery at Dissent Cafe and Bar, a local music venue. Officers declared the premises a crime scene, leading to the temporary closure of the bar for approximately two hours and the cancellation of a scheduled event. During the operation, five posters were initially reported seized, with a later report indicating seven posters would be returned. The seizure initiated an investigation into whether the display violated new Commonwealth hate laws.
The Artwork in Question
The seized posters, created by the UK-based protest artist group Grow Up Art (identified by artist Blam), depicted figures such as Israeli Prime Minister Benjamin Netanyahu, Russian President Vladimir Putin, US President Donald Trump, US Senator J.D. Vance, and entrepreneur Elon Musk. These figures were shown in uniforms resembling those of the Nazi regime, some accompanied by text stating "sanction Israel" and "stop genocide."
Owner David Howe characterized the works as "an anti-fascist statement" and "obviously parody art with a distinct anti-fascist message," stating they were intended to foster awareness and had been displayed for about a month without prior complaints. Grow Up Art described the works as "clearly satirical."
Police Action and Initial Investigation
ACT Policing confirmed that officers responded to a Crime Stoppers report concerning anti-Semitic material. Deputy Chief Police Officer Paula Hudson stated that officers observed posters containing the Nazi swastika. Police initiated an investigation to determine if charges would be laid under the Combatting Antisemitism, Hate and Extremism Act 2026. ACT Policing affirmed its commitment to promptly addressing alleged antisemitic, racist, and hate incidents.
Conflicting Accounts on Poster Removal
Police stated that officers asked the owner to remove the posters and that consent was not given, or that Mr. Howe declined their requests at the time. David Howe, however, denied refusing to remove the posters, stating he would have complied if explicitly asked.
The Legal Framework
The federal laws, enacted earlier in the year following a December 14 incident in Bondi, prohibit the public display of certain symbols, such as the Nazi symbol, with a maximum penalty of five years imprisonment. However, the legislation includes exemptions if the purpose of the display is religious, academic, educational, artistic, literary, scientific, or journalistic, and not contrary to public interest. ACT Policing noted that the new legislation includes a defense for art and literature, which would need to be established in court.
Investigation Outcome
Following an assessment of the seized posters, ACT Policing determined that while the images "satisfied certain aspects of the legislation," they did not meet all requirements for criminal proceedings. As a result, no criminal charges will be pursued against Dissent Cafe and Bar owner David Howe. The seized posters, which were assessed on February 4, will be returned to the venue. Following the initial seizure, Mr. Howe displayed a new poster in the bar's window, depicting Donald Trump marked 'censored' with a blurred Nazi symbol.
Reactions and Perspectives
- David Howe: Described the police action as "ludicrous" and maintained the posters' artistic merit.
- Grow Up Art: Expressed support for Dissent Cafe and Bar's freedom of speech, stating that "speaking out about the rise of fascism, racism, capitalism and genocide isn't a hate crime."
- ACT Senator David Pocock: Emphasized the importance of police protecting against hate symbols while also permitting peaceful protest and recognizing art as a legitimate form of political dissent.
- ACT independent MLA Thomas Emerson: Wrote to the ACT police minister, questioning why the artistic exemptions in the legislation were not applied. Emerson stated that territory and federal law permit the public display of a swastika for artistic purposes and suggested that efforts to prevent offense could inadvertently create division.
- Labor Murrumbidgee MP Marisa Paterson: Confirmed contact with ACT Policing to seek clarification regarding the incident and the application of Commonwealth legislation.