Activist loses case over “All Zionists are terrorists” chant

Melbourne activist Hash Tayeh, who led crowds in chanting “All Zionists are terrorists” at pro-Palestinian rallies, has been found to have breached Victorian law in a ruling delivered today by the Victorian Civil and Administrative Tribunal.

The tribunal found that Tayeh contravened the Racial and Religious Tolerance Act 2001, determining that the slogan amounted to racial vilification. VCAT accepted that, in the Australian context, the phrase targeted Jews because a significant majority identify as Zionists and that the chant failed to draw a meaningful distinction between political ideology and personal identity.

The case was brought by Jewish community advocate Menachem Vorchheimer, who lodged multiple complaints over the slogan following rallies in Melbourne’s CBD in mid-2024. He argued that equating all Zionists with terrorists dehumanised Jewish Australians and placed them at risk.

Speaking previously to The Australian, Vorchheimer said: “You can’t chant ‘All Zionists are terrorists.’ My mother can’t walk without a frame. She’s fiercely Zionistic. She’s a terrorist? They use the word “Zionist” as a euphemism for “Jew”.

Today’s ruling comes against the backdrop of heightened tensions in Victoria since the October 7 Hamas attack on Israel and the subsequent war in Gaza, which have been accompanied by a sharp rise in reported antisemitic incidents.

Tayeh, the founder of the Burgertory burger chain, has been a visible participant in Melbourne’s pro-Palestinian protest movement. In November 2023, one of his Burgertory outlets in Caulfield was gutted in a fire that police treated as suspicious and later alleged was deliberately lit.

Two men were arrested and charged over that blaze: Habib Musa of St Albans and Wayle Mana of Preston. They faced charges including arson and related offences. Police said at the time there was no evidence the attack was politically or religiously motivated.

Court reporting later indicated that one of the accused allegedly told investigators he and others had been paid a sum of money to carry out the attack. The criminal proceedings have continued separately.

Tayeh has also faced separate charges under the Summary Offences Act for allegedly using insulting words in public, matters which remain before the courts.

The VCAT decision highlights the ongoing tension between freedom of political expression and the legal limits imposed by anti-vilification laws. Jewish leaders argue that slogans equating Zionists with terrorists cross the line into racial hatred, while others warn against restricting political protest.

After the hearing, Vorchheimer posted on X that he welcomed the finding that Tayeh’s leading of the chant incited hatred against Jewish people on the grounds of race and religious belief. He concluded that “this case affirms that freedom of speech in Australia is not absolute.”