Case Explained: Police seize posters from ACT venue under new hate-symbol laws – Legal Perspective

A City venue was forced to temporarily close and cancel a gig after ACT Policing seized five posters from the licensed premises following a complaint about possible hate imagery.

Greens and independents have condemned the police action as worryingly ‘Orwellian’ and overriding free speech.

Earlier this week, police received a complaint regarding artwork displayed at Dissent Bar and Cafe. On Wednesday 18 February, officers attended and spoke with the owner, requesting the posters be removed as part of their investigation.

Police said the owner declined the request and a crime scene was subsequently established.

“Five posters were subsequently seized and will be considered under recently enacted Commonwealth legislation regarding hate symbols,” ACT Policing said in a statement.

“Enquiries in relation to the posters are continuing, including seeking legal advice on their legality.”

The posters appear to depict US President Donald Trump, US vice president JD Vance, tech billionaire Elon Musk, Russian President Vladimir Putin, and Israeli Prime Minister Benjamin Netanyahu portrayed in stylised Nazi-era military uniforms.

The ACT Criminal Code 2002 under Section 752 (iv) highlights that displaying a Nazi symbol is not an offence if it is displayed in opposition to fascism, Nazism, neo-Nazism, or other related ideologies.

Police added they remain committed to ensuring alleged antisemitic, racist and hate incidents are addressed promptly and thoroughly, and that where possible criminality is identified, appropriate action will be taken.

The venue posted on social media that police had “declared a crime scene” and cancelled a scheduled gig.

In a series of posts, the business described the posters as “clearly and obviously parody art with a distinct anti fascist message”.

“The full weight of the law apparently applies to artistic parody,” the venue wrote.

Dissent also claimed it had been closed for “2 & 1/2 hours on a gig night” and they will be “Back open tomorrow for the next instalment of how to shut down the night time culture in the CBD.”

Police minister Dr Marisa Paterson MLA said she had asked ACT Policing for further clarification.

“I understand that the events of last night at Dissent Cafe and Bar have caused concern for members our community,” Dr Paterson said.

“I will continue to seek advice from ACT Policing on the application of this Commonwealth Legislation.

“I thank our community for your patience while the investigation continues, and will update you as further information becomes available.”

Thomas Emerson: ‘Orwellian’

Independent MLA Thomas Emerson has asked police minister Dr Marisa Paterson MLA to explain the police actions.

“This seems pretty Orwellian to me,” Mr Emerson said.

“ACT law makes it clear that publicly displaying a swastika is not an offence if it’s for artistic purposes or in opposition to fascism. Both exemptions would seem to apply here.

“Having spoken with the venue owner, I’ve written to the Police Minister to seek an explanation for why these exemptions were not applied.

“Art intends to provoke and challenge us.

“In attempting to foster social harmony by preventing offence, we can’t afford to create more division. Government suppression of artistic expression and dissenting voices is incredibly divisive.”

ACT Greens condemn ACT Policing

The ACT Greens strongly condemned ACT Policing’s raid of a local Canberra bar and removal of the anti-fascist posters and artwork, calling the action “an alarming consequence of Labor’s rushed and harmful hate speech legislation”.

“At a time when our community should feel confident that laws are being applied carefully and proportionately, this heavy-handed response raises serious concerns about freedom of expression and the unintended impacts of hastily drafted reforms,” the party said.

Andrew Braddock MLA, spokesperson for Anti-Racism and Democracy and Integrity, said: “Art has always played a vital role in protest and political expression. ACT hate speech laws explicitly provide space for artistic expression. However, the new federal hate speech provisions override aspects of our territory framework, which appears to be the grounds on which police have taken this action.

“This situation highlights the real-world consequences of poorly considered, fast-tracked legislation, concerns that our Federal Greens colleagues consistently raised during the parliamentary debate.

“Hate speech laws are too important to be rushed. We must draw a clear and careful distinction between genuine hate speech and satire or political commentary. If we fail to do so, we risk both allowing serious offenders to evade accountability and unfairly penalising legitimate artistic and political expression.”

At the federal level, Senator David Shoebridge, Greens spokesperson for justice, said: “Labor’s first scalp under their new hate laws isn’t a Nazi group, it’s a Canberra bar with an anti-fascist poster.

“Pauline Hanson can spend decades demonising Muslims in the Senate and the media — but stick ‘punch a Nazi’ on your wall in Canberra, and the AFP comes knocking.

“Laws rushed through parliament to fight antisemitism are now being used to attack people fighting fascism.

“These laws were never seriously about hate; they have always been about shutting down dissent.

“The Greens warned these laws would be weaponised against people who use their conscience to speak out for humanity. It took barely a month to be proven right.”

Canberra Liberals: ‘Responses must be proportionate’

Canberra Liberals Leader Mark Parton MLA called for restraint.

“Police are navigating new Commonwealth hate-symbol laws and are obliged to act on public complaints, even in complex situations like this,” Mr Parton said.

“I understand the bar owner’s frustration, but the matter is under investigation so we can’t discuss specifics.

“In a sensitive climate around vilification and hate speech, responses must be proportionate, lawful and calm.”