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April 2, 2026 — 5:21pm
The Minns government’s hate speech legislation, rushed in response to a series of antisemitic incidents including a terrorist scare that turned out to be a criminal scam, faces fresh scrutiny after the refusal by police to prosecute a neo-Nazi leader who made the spurious claim that the Jewish community paid bikies to firebomb synagogues for political gain.
The Herald’s Jessica McSweeney and Patrick Begley reported that Joel Davis, a leader of the now disbanded National Socialist Network, shouted at a rally outside state parliament last November that the “Jewish lobby” and “Jewish-controlled media” had engineered a “fake antisemitism crisis” to justify hate speech laws and suggested bikies were paid to firebomb synagogues.
Police Commissioner Mal Lanyon has told parliament no offence had been identified.
In late 2024, the discovery of explosives and antisemitic material secreted by organised criminals in a caravan at Dural further fuelled concerns about the safety of Sydney’s Jewish community after a series of targeted attacks. The Minns government passed the Crimes Amendment (Inciting Racial Hatred) Bill 2025, making racial vilification an offence in February last year. It argued that the law was urgently needed to combat rising antisemitism.
The reforms satisfied few. Legal bodies warned that the hate speech laws are vague and too complex, while the Special Envoy to Combat Antisemitism, Jillian Segal, is adamant they do not go far enough.
After the neo-Nazi rally, the government introduced legislation to ban displays of support for Nazi ideology and restrict protest outside places of worship. After the Bondi Beach attack, it established a parliamentary committee to consider banning phrases such as “Globalise the intifada”.
Between the flurry of legislation, Attorney General Michael Daley last May appointed former NSW Supreme Court Justice John Sackar, KC, to review criminal law hate speech protections. He was asked to consider any improvements; to examine how they interacted with existing laws; and consider if they should be expanded to cover religion, sexual orientation or gender identity. He was to report back in November.
Sackar delivered on deadline. But five months later, the people of NSW are still in the dark.
The government is keeping Sackar’s review a secret while cabinet considers its response. It has rejected an order from the NSW upper house to release the report, even as parliament reviews new hate speech reforms.
This is regrettable. It raises questions about why the government will not release the report, and about whether it has been hoisted by its own petard in its rush to reform.
Freedom of speech is a fundamental democratic right, essential for accountability. However, it is not absolute; unchallenged antisemitism also puts democracy at risk. Proposals to limit free speech should be treated carefully, and subject to informed and rigorous public debate.
Rushed laws limit the opportunity for public debate, and the failure to release a review such as Sackar’s means the people of NSW are not fully informed.
Minns’ decision to sit on Sackar’s report while cabinet considers the wider political ramifications of hate speech protections for vulnerable communities flies in the face of the need for transparency and to tread lightly on reform.
