Can you say 'death to the IDF'? NSW Police say no.
A Wagga Wagga artist is contesting a fine for 'offensive language' – a case that could have major implications for free speech in NSW.
Tanya Plibersek, the current minister for social services, once referred to Michael Agzarian as one of the best artists in her electorate. That reputation proved futile, however, when NSW Police targeted Agzarian over politically-charged artwork.
Now based in Wagga Wagga, Agzarian has found himself on the front line of a battle for free speech.
In August, Agzarian displayed a poster in the window of his studio. It showed the images of five Palestinian journalists slain by Israeli forces in Gaza that month – an attack that provoked global outrage.
Agzarian, who has been a creative professional for over 40 years, expressed his grief over the killings through these words on the poster: “They died telling the truth while our media lives telling lies”.
Beneath this line was typed in bold, “Fuck Israel. Death, Death, Death to the IDF” – referring to Israel’s armed forces that a UN Commission of Inquiry concluded in September had committed acts of genocide in the Gaza Strip.
On August 18, Agzarian received an infringement notice from NSW Police with an order to pay $500. The crime? “Offensive language”.
“The fining of Mr Agzarian is part of a pattern of concerning police action that serves to stifle political expression, particularly criticism of Israel and its genocide in Gaza,” Nick Hanna, the artist’s lawyer, told Deepcut.
‘Defending the free speech of all Australians’
The case marks the first time the legality of the expression “Death, Death, Death to the IDF” has been contested. “Fuck Israel” is also subject to criminal prosecution, but Hanna believes this will likely be withdrawn.
Agzarian pleaded not guilty to the offence at Wagga Wagga Local Court on Monday, but the case has set off alarm bells over the increasing limitations on political expression.
“For the police to charge and proceed with the charge, they are restricting our ability to communicate with each other on these issues, whether by art or discussion,” Timothy Roberts, president of the New South Wales Council for Civil Liberties (NSWCCL), told Deepcut. “Not only does it silence voices who want to raise awareness, it may stop others from raising awareness about other issues.”
A key concern is the use of the “offensive language” offence by police to potentially silence dissent or opinions deemed unfavourable to powerful interests.
“The charge of offensive language is outdated and restricts speech on very subjective terms,” Roberts said. “The NSWCCL remains concerned that this law is used disproportionately on some vulnerable communities.”
Hanna sees this legal battle as a litmus test for free speech in Australia.
“By defending Mr Agzarian, we are defending the freedom of speech of everyone in this country,” he said.
Attempted crackdown on critics of Israel
Roberts echoed Hanna’s concerns over the targeting of artists who have been critical of Israel over the course of the Gaza genocide.
“As a matter of public policy, definitions which conflate criticism of Israel and its government’s policies with antisemitism are of serious concern to freedom of speech,” he said.
That position has previously been presented by the Jewish Council of Australia, which has repeatedly warned authorities not to conflate criticism of Israel, and Israel’s actions, with antisemitism. It is not a position shared, however, by pro-Israel lobby groups and the federal government’s antisemitism envoy, Jillian Segal.
In her widely criticised antisemitism plan, the pro-Israel hawk sought powers to “monitor media organisations” and demanded state and federal governments adopt an antisemitism definition that includes criticism of Zionism – the ethnonationalist political ideology that underpins the Israeli state.
“All states and their governments are legitimate subjects of criticism,” Roberts said.
Not the first case
This is not the first time Agzarian has drawn the ire of the powerful. In March, he displayed another poster of his own making – one that depicted Gina Rinehart, Peter Dutton, former Nationals leader Michael McCormack and Clive Palmer in Nazi military uniforms. Police charged him for displaying Nazi symbols. Agzarian pleaded not guilty in a court appearance in August.
What’s at stake in Agzarian’s legal battles is the role of art itself, which Roberts believes is “to challenge perspectives”.
“Artists must be able to criticise governments, militaries and generally be able to express unpopular opinions. Art helps us to make sense of the world around us,” he said.
I agree with the fine for using offensive language, but I agree with Michael Agzarian “They died telling the truth while our media lives telling lies”. And the world mainstream media did nothing but support the lies and are still doing it today.