Defining the intifada and testing Australia’s racial hate laws

Two Sydney academics, Dr Nick Riemer and Professor John Keane, are facing a landmark Federal Court case over social media posts related to the Israeli-Palestinian conflict, which will test Australia’s racial hate laws. The dispute centers on whether the use of the word "intifada" and other expressions on X (formerly Twitter) are offensive to Australian Jews, with the plaintiffs arguing that the posts amount to hate speech. The Jewish academics suing Riemer and Keane also hold the University of Sydney vicariously responsible for the statements made by its employees. The case involves specific allegations: Keane is accused of endorsing Hamas’s October 7 terror attack on Israel by displaying Hamas flags on his social media page, while Riemer is alleged to have promoted violent uprising through chants and posts calling for "Israel out of Gaza, Israel out of Palestine, long live the intifada." The plaintiffs contend that these actions imply support for violence against Jews and Israelis globally. The courtroom atmosphere was charged, with supporters and opponents reacting vocally during the hearing, as Justice Geoffrey Kennett expressed concern about the case becoming a broader inquiry into antisemitism. Legal arguments have focused on the meaning of "intifada" and whether the posts would reasonably offend Jewish Australians. The plaintiffs’ counsel emphasized that the relevant interpretation is the perspective of Jewish and Israeli communities in Australia, rather than the defendants’ intent or broader historical context. Riemer and Keane maintain their criticism targets Zionism, which they argue is distinct from antisemitism, and have raised substantial funds to defend what they describe as a critical free speech issue. The case highlights ongoing tensions around free expression, academic freedom, and the boundaries of hate speech in Australia, particularly in relation to the highly sensitive Israeli-Palestinian conflict. Riemer plans to hold a symposium addressing what he calls institutional repression of pro-Palestinian views at Australian universities. The Federal Court proceedings are ongoing, with significant implications for how racial and religious sensitivities are balanced against freedom of speech in the digital age.