The Sh*tshow
Australia’s parliament has passed legislation aimed at strengthening laws against racial hatred in the wake of the Bondi massacre, which saw 15 Jews slaughtered by two ISIS-inspired shooters. Yet the prequel and sequel to the bill’s passage were aptly described as a “Sh*tshow” by the Murdoch-owned newspaper The Australian.
The prequel saw the Labor-led government reluctantly succumb to intense pressure to conduct a Royal Commission into antisemitism, which was finally announced on January 8.
The Royal Commission is rightly viewed as the best mechanism to examine the root causes of what led to the Bondi massacre, the drivers of antisemitism, and what measures ought to be taken.
After being pilloried for its hesitancy on the Royal Commission, the government held an emergency session of parliament amid the summer break to pass legislation lowering the threshold for what constitutes a racist offense. Previously, it had to be shown that, to transgress, one actually incited violence; now the test is whether a reasonable person can conclude that statements causing harassment, intimidation, or violence toward anyone based on race, color, or ethnic origin are an offense.
Alongside that change, executive powers were granted to outlaw organizations deemed to pose a threat to society. The main targets of this measure were the radical Islamic organization Hizb ut-Tahrir, which is already banned in other countries, and neo-Nazis on the far right.
Gun licensing laws were also tightened.
Ahead of the vote, there was an enormous brouhaha from all sides of the political spectrum.
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Libertarians—strong advocates of freedom of speech, no matter how offensive—were aghast. Others pointed to phrases that could be construed in more than one way. The new law also removes the need to prove intent and reverses the onus of proof to the person charged, rather than requiring the prosecution to prove guilt beyond a reasonable doubt.
On the radical left, the legislation is viewed as being inspired by the “Zionist lobby” to silence criticism of Israel and its alleged “genocide” in Gaza. The Greens wanted to extend the provisions to protect the LGBTQ community and transgender rights.
Muslim community umbrella organizations have also indicated they would challenge the new legislation.
Within the Jewish community, while most are supportive and view the measures as a means to tackle radical Islam, some are concerned the provisions may have gone too far and could invite a backlash.
The Liberal Party initially voiced concerns and, under pressure from its National Party coalition partners, indicated it would oppose the legislation. Out of fear of being labeled spoilers, it caved in and approved the bill, prompting the National Party—whose members voted against it—to tear up the coalition agreement.
Meanwhile, the prime minister, accused of playing politics throughout, was able to claim a victory by virtue of the opposition’s implosion.
By any measure, this was a definite “Sh*tshow”: a government desperate to show it was taking the consequences of the Bondi massacre seriously rushed legislation through without the benefit of proper consultation and careful consideration.
A more judicious approach would have been to allow the Royal Commission to conduct its inquiries and make its recommendations before enacting new legislation—except, perhaps, for banning organizations that clearly pose a threat to social cohesion.
Recent opinion polls reveal that the primary vote of both the Labor and Liberal parties is at its lowest ebb, while the anti-immigration far-right party One Nation has, according to some polls, overtaken the Liberal Party.
Predicting how this will play out is difficult, but it can be argued that the prior legislative framework, imperfect as it was, proved sufficient. It is now envisioned that the new law could be challenged in the courts, leading to further mayhem.
Missing over the last two years was the government’s willful blindness as it allowed demonstrations to proceed unimpeded. The slogans chanted were never condemned. The police were passive. The allegations of “genocide” were never challenged. Israel was depicted as the guilty party.
Beyond that, it continued to fund arts and culture elites who had canceled Jewish artists. It provided funding to Muslim organizations at the forefront of the demonstrations. It banned the entry of Israeli politicians while welcoming 3,000 Gazans. Its abandonment of Israel emboldened protesters. It helped ferment the environment that led to the Bondi massacre.
Now, laws and regulations matter, but government conduct and messaging shape the environment as much as any statute.
Ultimately, Australia is at a crossroads, and its ability to restore communal harmony—and ensure it remains a country where Jews can live peacefully—is in question. The new legislation may have some deterrence value, but it won’t silence the haters.
