Tribunal draws a line on anti-Zionist hate speech

As both the federal government and states across the country pass laws cracking down on hate speech, there’s been much debate about where to draw the line on what can and can’t be said.

A Victorian tribunal has drawn that line in a landmark decision. The Victorian Civil and Administrative Tribunal (VCAT) has found chanting “all Zionists are terrorists” at a Melbourne rally amounted to unlawful racial and religious vilification.

In the case, called Vorchheimer vs Tayeh, Vice President Judge Tran held that initiating the chant at a pro-Palestinian protest breached parts of Victoria’s Racial and Religious Tolerance Act.

The detailed ruling sheds light on how some judges are approaching these complicated questions. Here’s what it said.

The tribunal was not asked to rule on Zionism or Israel’s military actions. Its task was narrower: whether leading the chant “all Zionists are terrorists” at a large Melbourne rally was likely to incite “hatred, serious contempt, revulsion or severe ridicule” against Jewish people on racial or religious grounds.