| “Social cohesion cannot be used as a justification to silence disagreement,” Dr Jneid said. |
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AFIC Welcomes Court of Appeal Decision Striking Down NSW Anti-Protest Laws
24/04/2026
(See translation in Arabic section)
Sydney-Middle East Times Int'l:The Australian Federation of Islamic Councils (AFIC) welcomes the decision of the New South Wales Court of Appeal declaring the State’s protest restriction laws unconstitutional.
The Court has made it clear that governments cannot respond to political tension or controversy by suppressing public assembly under the banner of “social cohesion.” In a democratic society, the right to protest, even when it is uncomfortable, unpopular or disruptive, is not optional. It is fundamental.
The laws in question created sweeping powers to restrict all public assemblies within declared areas, regardless of the nature of the protest or the issue involved. As the Court found, this was a blunt and indiscriminate approach that impermissibly burdened the constitutional freedom of political communication.
“This judgment is a clear reminder that dissent is not a threat to democracy but a fundamental part of it,” said AFIC President Dr Rateb Jneid.
AFIC has consistently raised concerns that these laws were never about safety alone, but about controlling and discouraging visible public dissent, particularly in politically sensitive contexts. The Court’s finding that the purpose of the laws was to restrict assemblies in order to protect so-called “social cohesion” goes to the heart of that concern.
“Social cohesion cannot be used as a justification to silence disagreement,” Dr Jneid said. “A healthy society is not one without conflict, it is one that allows people to express it lawfully and openly.”
The decision also raises serious questions about how these powers were used in practice, including during protests where excessive force, mass arrests and the disruption of religious practices were widely reported.
AFIC calls on the NSW Government to accept the Court’s ruling, to abandon any attempt to reintroduce similar measures, and to engage in a genuine reassessment of how public order and democratic rights are balanced.
The protection of civil liberties cannot be conditional on political convenience.
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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 |
