Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023

High-Level Summary

Amends the Criminal Code Act 1995 to prohibit a person from knowingly, and without reasonable excuse, displaying a Nazi symbol.


Summary
The Criminal Code Amendment (Prohibition of Nazi Symbols) Bill 2023 amends the Criminal Code Act 1995 by inserting a new Division 81 into Part 5.1 of Chapter 5. This new section establishes an offence for knowingly and publicly displaying a Nazi symbol, with knowledge being the required fault element. Exceptions include displays for genuine scientific, educational, artistic, journalistic, or public interest purposes, as well as religious symbols that might be confused with Nazi symbols. The bill is designed to operate concurrently with state and territory laws and is not intended to infringe upon the implied freedom of political communication. The offence carries a penalty of imprisonment for 12 months or a fine of 100 penalty units.

Argument For
Normative Bases
  1. Non-Discrimination
  2. National Security
  3. Pro-Democracy

The bill should be supported because it aims to uphold the values of non-discrimination and national security. By prohibiting the display of Nazi symbols, it sends a clear message that hate and discrimination have no place in Australian society. This aligns with Australia's commitment to a tolerant and multicultural society, where all individuals are free from racial and religious discrimination. Additionally, the bill addresses national security concerns associated with extremist groups that use these symbols to incite violence and disrupt public order. By curbing the public display of such symbols, the bill promotes a safer environment for democratic discourse, ensuring that all Australians can engage freely in civil conversations without the threat of intimidation from extremist ideologies. Overall, it is a proportionate measure that aligns with the nation's values and heritage.


Argument Against
Normative Bases
  1. Pro-Democracy
  2. Legal Principle

The bill should be opposed because it poses potential risks to the freedom of expression, a core democratic principle. While it aims to limit hate speech, it may inadvertently infringe upon individuals' rights to express unpopular or controversial views, which are also protected under Article 19 of the International Covenant on Civil and Political Rights. Moreover, the lack of a clear definition for 'Nazi symbol' could lead to overreach and misinterpretation, potentially criminalizing displays that are not intended to promote Nazi ideology. The exceptions provided may not be sufficient to protect legitimate expressions of free speech in artistic, educational, or journalistic contexts. Therefore, the bill could create a chilling effect on free expression and hinder the robust exchange of ideas that is essential for a healthy democracy.


Date:

2023-03-23

Status:

Before Senate

Sponsor:

CASH, Sen Michaelia

Portfolio:

Unspecified

Categories:

Criminal Law Reform, Discrimination / Human Rights, National Security

Timeline:
23/03/2023

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