New South Wales has implemented new legislation restricting public assemblies following a terrorist incident at Bondi Beach. These laws grant the NSW Police Commissioner discretionary authority to prohibit public gatherings for up to three months. The legislation has prompted a constitutional challenge from several activist groups, while separately, a parliamentary inquiry is examining proposals to ban specific slogans, including "globalise the intifada," due to concerns about incitement and freedom of speech.
Introduction of New Protest Laws
In response to a terrorist incident at Bondi Beach, the New South Wales government introduced new legislation designed to limit protest actions. These laws, passed by parliament last month, enable the NSW Police Commissioner to issue a Public Assembly Restriction Declaration (PARD), effectively preventing the authorization of public assemblies for up to three months following a terrorist incident. The ban can be extended in two-week increments. The initial declaration was activated on December 24, 2023.
Premier Chris Minns stated that the government was "aware of the threat" of a challenge but remained "confident that the laws will withstand a constitutional challenge." Both the Premier and Police Commissioner have maintained that the laws do not restrict "peaceful" and static assemblies. However, the challenging groups have argued that the changes, which also grant police move-on powers at unauthorized protests, effectively prohibit all protests.
The laws do not prohibit public assemblies outright but prevent their authorization under NSW’s Form 1 system. Authorization provides legal protection from prosecution for certain offenses, including obstructing pedestrians and traffic.
Application of Restrictions and Protest Incidents
On Tuesday, January 9, NSW Police Commissioner Mal Lanyon announced the extension of a 14-day declaration, initially issued on Christmas Eve, until January 20. This extension covers Sydney’s Central Business District (CBD), south-west, and north-west policing areas. Commissioner Lanyon cited community safety concerns for the extension, noting that no new intelligence had emerged to prompt the decision. He stated that police would collaborate with rally organisers who comply with the new regulations, specifically mentioning "peaceful assembly" and compliance with legislation.
The extended restrictions have impacted planned events, including a First Nations rally scheduled for January 18 in Sydney, organised by Paul Silva to address Indigenous deaths in custody. Mr. Silva stated his intention to proceed with the event and expressed the view that it was "not appropriate for police to be making the decision to restrict a protest directly critical of the force itself," adding that allowing static congregation but not street marches is a "form of oppression." Challenging groups have also expressed concern that the declaration may impact planned Invasion Day rallies on January 26. Commissioner Lanyon described this as "very premature to consider."
On Sunday, January 7, approximately 300 individuals gathered in Sydney's Central Business District to protest US military intervention in Venezuela, despite a police prohibition on public demonstrations. During this protest, a 53-year-old woman was detained while wearing a jacket displaying the phrase "globalise the intifada." Police officers reportedly requested she remove the jacket, citing the slogan as "unlawful." She was released approximately an hour later without charges. Two men, aged 26 and 34, were also arrested at the protest for alleged breaches of the peace and were subsequently released without charge.
Constitutional Challenge Initiated
A constitutional challenge against the new protest laws was filed in the NSW Supreme Court on Wednesday, January 10. The challenge was initiated by the groups Blak Caucus, Palestine Action Group (PAG), and Jews Against the Occupation ‘48. Their court summons asserts that the laws are invalid, contending they “impermissibly burden the implied constitutional freedom of communication on government and political matters.”
Josh Lees, an organiser for the Palestine Action Group, stated that the government was removing the right to peaceful protest and claimed there was "no evidence" it would enhance public safety. Timothy Roberts, president of the NSW Council for Civil Liberties, stated the laws were generating a "chilling effect" due to police discretion over protest appropriateness and expressed concern that the declaration was repressing the expression of opinions.
The NSW Jewish Board of Deputies CEO, Michele Goldman, suggested that a temporary postponement of protest activities was "a matter of common decency" for a time of grief. Health Minister Ryan Park confirmed the state government's support for the extension of restrictions, citing community safety and noting that "our Jewish community" was "feeling very, very vulnerable."
During a brief mention on Thursday, January 11, Justice Julia Lonergan indicated the complexity of the matter and the need for more time to hear from all parties. She also noted that a referral to the NSW Court of Appeal was under consideration. Chief Justice Andrew Bell is scheduled to hear whether the case will be moved to the higher court on January 29.
Previously, in October 2023, the NSW Supreme Court declared unconstitutional a law that granted police power to move on protesters "in or near" a place of worship, following a challenge initiated by PAG. PAG successfully appealed a police decision in August 2023 to not authorize a march on the Sydney Harbour Bridge but lost an appeal in October 2023 against a prohibition on a march to the Opera House forecourt, where the court cited safety concerns.
Debate on Slogan Bans and Hate Speech Laws
A New South Wales parliamentary inquiry is investigating measures to prohibit slogans perceived to incite hatred, specifically focusing on phrases such as “globalise the intifada.” This inquiry, led by a Labor-majority committee on law and safety, concluded its submission phase, with its final report due to the government by January 31. No public hearings were held.
Premier Chris Minns had identified "globalise the intifada" as "hateful rhetoric" when changes to gun control, hate speech, and protest laws were accelerated after the Bondi attack. He had advised against using the slogan prior to legislative reforms, claiming strong advice indicated it was "already in breach of hate speech laws in NSW," and stated new legislation would remove any doubt.
The term "Intifada" is an Arabic term meaning 'uprising' or 'shaking off,' historically used by Palestinians to describe their uprisings against Israel. The First Intifada (1987-1993) resulted in an estimated 1,300 Palestinian and 100 Israeli fatalities. The Second Intifada (2000-2005) led to over 3,000 Palestinian and approximately 1,000 Israeli deaths, according to B'Tselem, an Israeli human rights group.
Interpretations of the phrase "globalise the intifada" vary. For some Palestinians and their supporters, it signifies resistance against oppression. However, many Jewish groups and leaders view it as a call to violence against people of their faith. David Slucki, director of the Australian Centre for Jewish Civilisation, described the phrase as "offensive" and "threatening," emphasizing its perceived harmful impact. The NSW Jewish Board of Deputies previously supported a ban, describing it as a significant step against hate and incitement, while the Executive Council of Australian Jewry indicated that hate speech legislation should be comprehensive enough to address evolving symbolism.
Opposing views have been submitted to the inquiry. The Australian National Imams Council (ANIC) argued that banning such phrases would likely disproportionately affect Muslim Australians, including Palestinian and Arab communities. ANIC stated that phrases like “globalise the intifada” and “from the river to the sea” do not possess a single, fixed meaning and are used in various political, cultural, and human rights contexts. They also expressed concern that content-based bans risk arbitrary enforcement. The Palestine Action Group echoed these concerns, rejecting the notion that the chant is threatening and noting they have not led it at their rallies since October 2023. The NSW Council for Civil Liberties warned that banning slogans could undermine social cohesion, implied freedom of political communication, and international human rights treaties, suggesting education and human rights would be more effective than criminal law. There is no federal criminal offense in Australia explicitly banning "globalise the intifada"; however, the NSW Crimes Act makes it an offense to publicly threaten or incite violence against a person or group based on ethno-religious origin, requiring incitement or threat of violence, not merely causing offense.