Jewish leaders disappointed in decision to acquit antizionist

A Melbourne magistrate found that antizionist activist Hash Tayeh, the former owner of the Burgertory restaurant chain, used insulting words in public when he led a crowd in chanting “all Zionists are terrorists”.

However, the court stopped short of recording a guilty verdict as Tayeh mounts a constitutional free-speech challenge. Australia/Israel and Jewish Affairs Council (AIJAC) has expressed disappointment in the acquittal of Hash Tayeh on four criminal charges in the Melbourne Magistrates’ Court.

AIJAC welcomed aspects of the ruling concerning a later incident. The council noted the court’s finding. Tayeh’s repetition of the chant “all Zionists are terrorists” in 2025 was a deliberate and calculated act of defiance. This established an intent to use offensive words. However, a final verdict on this single 2025 count will be subject to further constitutional argument.

AIJAC said it was disappointed that Mr Tayeh was acquitted on the four charges arising from the 2024 rally. It is important to note that the magistrate found the language to be offensive on all five occasions, and that the acquittals only resulted from a finding that it had not been proven beyond reasonable doubt that Mr Tayeh possessed the requisite criminal intent at the time.

In his judgement, the magistrate also ruled that making a blanket statement across an entire group, such as that which Mr Tayeh did, was a demonstrably false assertion that serves to dehumanise individuals.

AIJAC also pointed to a separate February 2026 ruling by the Victorian Civil and Administrative Tribunal, which found Mr Tayeh breached the state’s racial and religious vilification laws, saying it amounted to conduct likely to incite hatred against Jewish people. AIJAC Executive Director Dr Colin Rubenstein said, “Hash Tayeh and all others are now on notice that chanting “all Zionists are terrorists” may breach both Victoria’s criminal and civil laws. Activists can no longer hide behind the false claim that they are referring only to a political ideology.”

Dr Rubenstein added, “The vast majority of the Jewish community are Zionists, so this chant effectively vilifies Australia’s Jewish community and could be interpreted as a call for violence against us. At a time when Australian Jews continue to grapple with unprecedented levels of antisemitism, including in the aftermath of the Bondi terrorist attack, this kind of rhetoric is particularly dangerous. Dehumanising and demonising an entire community undermines social cohesion, fuels hostility and hatred, and creates an environment in which discrimination and intimidation can flourish.”

Police charged Tayeh in March 2025 with four counts of using insulting words in public under section 17(1)(c) of Victoria’s Summary Offences Act. The charges stemmed from a May 2024 rally where he allegedly repeated the phrase. In the ruling, Magistrate Thomas acquitted Tayeh on the four 2024 charges but handled a fifth charge from 2025 separately.

Other Jewish organisations have echoed concerns about the implications of the ruling. Zionist Federation of Australia president Jeremy Leibler previously described similar cases as reinforcing that while criticism of government policy is protected, inciting hatred against a racial or religious group is not.