Burgertory Founder's Chant Deemed to Incite Hatred Against Jewish People
The Victorian Civil and Administrative Tribunal has delivered a landmark ruling, finding that prominent pro-Palestine protester Hash Tayeh breached the Racial and Religious Tolerance Act with his chant at a Melbourne rally last year. The tribunal determined that Tayeh's repeated declaration that "All Zionists are terrorists" during the March 2023 demonstration constituted racial and religious vilification against Jewish people.
Jewish Man's Testimony Reveals Profound Impact
Menachem Vorchheimer, who brought the case before the tribunal, provided compelling testimony about the emotional devastation caused by the chant. "The notion of being labelled the derogatory term of 'terrorist' for something I have no responsibility for, and for that to be seen as normal, is gut-wrenching and soul-destroying to me," Vorchheimer stated in his application.
He further explained how the incident had fundamentally altered his sense of safety and belonging in Melbourne. "I felt dehumanised. I felt like the lowest of the low. I no longer feel safe going into the Melbourne CBD given I am identifiably Jewish. I also generally avoid public gatherings where there is a chance of counter protests for fear of being attacked or vilified."
Complex Interpretation of 'Zionist' Terminology
Judge My Anh Tran acknowledged in the ruling that the term "Zionist" does not inherently mean "Jew" and is capable of multiple interpretations. However, the tribunal found compelling evidence that ordinary rally participants would have made a strong association between Zionists and Jewish people.
Tayeh, founder of the popular burger chain Burgertory, had argued that protesters clearly distinguished between Zionists and Jews, with "Zionists" referring specifically to supporters of the current Israeli regime and the actions of the Israeli Defence Force following the October 7, 2023 attacks. He maintained there was no evidence that the term was used as a codeword for Jewish people.
Context and Language Amplified Harmful Impact
Judge Tran's ruling emphasized how contextual factors strengthened the association between Zionists and Jewish people in the minds of rally participants. "I have found that the use of antisemitic tropes and Holocaust themes at the rally had the tendency to enhance the strength of the association between Zionists and Jewish people," Tran stated.
The tribunal particularly noted how the inclusive word "all" in Tayeh's chant, combined with the rally setting, amplified its harmful impact. "The accusation of being a terrorist was one which was inherently likely to incite strong emotions such as hatred and that, if anything, its use in a chant and the rally context enhanced its tendency to do so," the ruling explained.
Legal Standards and Defenses Considered
Under the Racial and Religious Tolerance Act, Vorchheimer needed to establish that ordinary rally participants were incited to experience hatred against Jewish people based on their race or religious belief. The tribunal clarified that proving Tayeh's intent was not required for establishing the breach, though motivation became relevant when considering potential defenses.
The act allows defenses for conduct that would otherwise constitute a breach, including comments made reasonably and in good faith regarding matters of public interest, or for genuine religious or artistic purposes. Tayeh claimed his chant represented a good faith protest against the actions of the current Israeli regime following the October 7 attacks.
Tribunal Rejects Defense Claims
Judge Tran rejected Tayeh's defense, finding that the chant extended well beyond protesting specific Israeli government actions. "I find the chant was intended by Mr Tayeh to be directed against, at a minimum, all supporters of the continued existence of Israel as a Jewish state," Tran ruled.
The tribunal concluded that "the natural and ordinary effect of thousands of people united in chanting 'All Zionists are terrorists' ... would be to tip many rally participants over the threshold into hatred directed towards Jewish people."
Potential Consequences and Appeal
Vorchheimer has requested several remedies from the tribunal, including orders preventing Tayeh from engaging in similar conduct, requiring a public acknowledgment of the ruling and apology, and directing a $20,000 payment to a charity of Vorchheimer's choosing. Judge Tran will schedule a separate hearing to determine appropriate consequences.
Tayeh has indicated he plans to appeal Thursday's ruling, setting the stage for potential further legal proceedings. The case represents a significant interpretation of Victoria's racial and religious tolerance legislation amid ongoing tensions surrounding Middle East conflicts and their expression in Australian public discourse.
