| AFIC Welcomes Significant NSW Supreme Court Judgment on Antisemitism, Zionism and Political Expression |
** The Australian Federation of Islamic Councils strongly condemns anti-Semitism and all forms of racial and religious hatred.
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AFIC Welcomes Significant NSW Supreme Court Judgment on Antisemitism, Zionism and Political Expression
21/08/2026
(See translation in Arabic section)
Sydney-Middle East Times Int'l: The Australian Federation of Islamic Councils (AFIC) welcomes the important judgment of Justice Desmond Fagan in State of New South Wales v Farhat (final) [2026] NSWSC 985.
The judgment provides an important judicial contribution to the increasingly significant debate in Australia about the distinction between antisemitism, criticism of the State of Israel, and opposition to Zionism.
Justice Fagan rejected the proposition that opposition to Israel or Zionism should, without more, be characterised as hostility towards Jewish people. His Honour recognised Zionism as a political ideology and subjected the use of the International Holocaust Remembrance Alliance (IHRA) working definition of antisemitism to significant criticism.
This is particularly important at a time when governments and institutions across Australia are considering how antisemitism should be defined and addressed.
AFIC unequivocally condemns antisemitism and all forms of racial and religious hatred. At the same time, combating genuine antisemitism must not require Australians to surrender their right to criticise the policies or conduct of any state, or to oppose a political ideology.
AFIC President Dr Rateb Jneid said:
“Criticism of Israel and opposition to Zionism cannot simply be labelled antisemitic because those views are uncomfortable or strongly expressed.”
“Justice Fagan’s judgment demonstrates why precision matters. When political expression is incorrectly characterised as racial or religious hatred, the consequences can be extremely serious, not only for freedom of expression, but for the administration of justice itself.”
The circumstances examined by the Court also demonstrate the dangers that can arise when assumptions about political or ideological motivation are allowed to substitute for evidence.
AFIC believes the judgment should prompt careful consideration by governments and institutions currently considering the adoption or application of definitions of antisemitism, particularly where those definitions extend beyond hatred or discrimination against Jewish people to encompass political expression concerning Israel or Zionism.
Australia must be capable of both confronting antisemitism firmly and unequivocally, while also protecting legitimate political expression and the democratic right to criticise states, governments and political ideologies.
Neither objective requires the sacrifice of the other.
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AFIC, established in 1964, stands as the Peak Muslim Organisation in Australia, with 170 members including 9 State and Territory Councils. It has a rich history of pioneering numerous community services and actively advocating for the rights and representation of the Muslim community.Authorised:
Dr Rateb Jneid, President
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