New South Wales Premier Chris Minns has indicated that he will only proceed with banning the slogan "globalise the intifada" if a similar ban in Queensland survives a constitutional challenge. This marks the strongest sign yet that the state government may not proscribe the contested phrase at all.
Background on the Proposed Ban
Following the Bondi terror attack in December, Minns was unequivocal about his intention to ban what he described as "hateful, violent rhetoric." He referred the matter to a parliamentary inquiry, which recommended banning the phrase when linked to incitement of hatred, harassment, intimidation, or violence. However, legislation has not yet been introduced.
In the meantime, Queensland has enacted its own ban, which also includes the phrase "from the river to the sea." This has led to dozens of arrests and prompted pro-Palestine groups to vow a legal challenge.
Minns' Shift in Stance
In an interview with 2GB on Tuesday, Minns explicitly linked the fate of NSW legislation to the outcome of the Queensland challenge. "If [the ban] is upheld in Queensland, I'll do it in New South Wales, I won't muck around," he said. He added that if the ban is knocked over in court, it would leave NSW in a worse position.
This represents a step back from earlier statements. In March, Minns said a ban was "coming in soon" regardless of Queensland's outcome and that he would fight a constitutional challenge. However, after a successful challenge in April to another element of his post-Bondi agenda—controversial anti-protest laws—his office confirmed he was now looking to the neighbouring state.
Legal and Political Implications
The NSW Court of Appeal recently ruled that the anti-protest laws impermissibly burdened the right to political communication. This was the second challenge Minns lost, following a ruling in October that struck down laws prohibiting protests outside places of worship.
The controversy around the inquiry into banning "globalise the intifada" has also been problematic. The inquiry was open for submissions for only three weeks and did not hold public hearings, leading to accusations of being rushed. Submissions from Jewish groups supported a ban, while others, including the Australian National Imams Council and the Jewish Council of Australia, argued that the phrase is contested and a ban would disproportionately target Palestinian and Middle Eastern communities.
Constitutional law expert Anne Twomey from the University of Sydney called Minns' decision to wait on the Queensland challenge wise. She also suggested that the government should consider whether the ban in Queensland has been counterproductive, leading to greater use of the slogan in defiance.
Nick Hanna, legal representative for protest groups that won the anti-protest laws challenge, said it was "extraordinary that Minns is basing his decision on the outcome of proposed court proceedings to challenge a different law in a different jurisdiction." He noted that Minns cannot know what legal arguments will be made or their bearing on a similar ban in NSW.
NSW Greens MLC Sue Higginson said it was "reassuring that it seems the premier has actually recognised the risks and dangers to his own credibility through pursuing draconian and invalid laws."
Minns told 2GB that there is a greater need for "civic leadership" in maintaining social harmony, adding, "It can't all just be legislative change and outright banning of things."
