| Holocaust Denial in Australia
In Australia, there are no specific statutes prohibiting Holocaust denial. However, the Australian courts have made it clear that Holocaust denial is a form of antisemitism and vilification, which is prohibited by Federal anti-discrimination laws. In doing so, Australian law has developed genuine protection against Holocaust denial, and has demonstrated that Jews will have a means of redress.
The leading judgement is that of Jones v Toben [2003] FCA 137 decided by the Federal Court of Australia in 2003. The case concerned a website of an extreme right wing group, the Adelaide Institute, run by Fredrick Toben. The material published on the website denies the reality of the Holocaust and makes antisemitic statements. This material was held to be in breach of the Racial Discrimination Act 1975 (Cth), as it was reasonably likely to offend, insult, or humiliate and intimidate Jews in Australia because of their origins. The court ordered the respondent, Adelaide Institute director Fredrick Toben, to remove all offensive material from the site.
When an order of the Court is not complied with, it is possible to charge a perpetrator with contempt of court. In 2007 the ECAJ brought a successful action for contempt of court, which required Toben and the Adelaide Institute to comply with the 2002 order. |
Antisemitism 