The third potential outbreak which concerns me is anti-LGBT vilification. That is, attacks on lesbian, gay, bisexual and transgender individuals – and the LGBT community more broadly – claiming that we are somehow responsible for promulgating the coronavirus, or deserving of infection because of our supposed ‘sinful lifestyles’.
This is not a hypothetical fear, either. At the start of April, Melbourne Jewish radio station J-AIR broadcast the following homophobic and transphobic comments from a Rabbi Kessin:
…
But there is also no anti-LGBT vilification coverage in Victoria[iii] (meaning the earlier comments on a Melbourne Jewish radio station were likely lawful), or in Western Australia, South Australia or the Northern Territory.
“Discrimination Under the Cover of Corona” by Alastair Lawrie; May 16 2020
News articles
Melbourne Jewish radio J-AIR finds March 30 broadcast was “contrary to Australian law” and “vilified members of the homosexual (and LGBTIQ+) community”
On May 5 2020 Melbourne’s Jewish radio station J-AIR published the findings of their inquiry into the March 30 2020 incident where they aired an interview stating “the pandemic is an exact designer drug … that will remove … problems … in the form of homosexuality and gays”.
The publication of these findings follow an unreserved apology from the station on April 2 2020.
J-AIR COMPLAINTS COMMITTEE FINDINGS
Approved Committee of Management on May 1 2020
Published results of J-AIR inquiry (forwarded to Michael Barnett via email on 5 May 2020).
1) The J-AIR complaints resolution committee, comprising J-AIR radio’s executive committtee, inquired into comments by Rabbi Mendel Kessin on The Tamar Yonah Show (30 March 2020) broadcast and podcast by J-AIR. Rabbi Kessin’s comment were originally aired on 24 March on the INTR program The Mystical Meaning of the Coronavirus with Rabbi Mendel Kessin. The complaints resolution committee found Rabbi Kassin’s comments were contrary to Australian law in that they vilified members of the homosexual (and LGBTIQ+) community.
2) An unreserved apology was issued immediately to the homosexual (and LGBTIQ+) community via Michael Barnett, who wrote about the TYS broadcast on the Aleph.org website on 4 April. The apology was distributed to The Australian Jewish News, J-Wire, JMedia and J-AIR’s Facebook group and page.
3) The apology was posted on the landing page of J-AIR’s website (j-air.com.au) and the apology in audio form was broadcast for several days following the original broadcast.
4) Michael Barnett, who brought the TYS broadcast to J-AIR’s attention, was engaged by telephone by the J-AIR assistant station manager.
5) Tamar Yonah was contacted for her comment. She noted in part: “Israel News Talk Radio is an Israeli Jewish station based on Torah values. We have on a variety of guests including rabbis who express different opinions on current or historical/biblical issues. Guests and listeners may, and do, hold very diverse views. Our live shows offer listeners to call in and agree, disagree, ask a question, or make a comment. Live talk-radio is very dynamic and is not a closed forum, and knowing that people express very diverse views, we have a disclaimer on our site stating that the many different views and opinions expressed on INTR do not necessarily reflect the official policy or position of Israel News Talk Radio or its staff.”
J-AIR carries a similar disclaimer hourly.
6) J-AIR will begin an updated education program for all presenters about Australian vilification laws, and advise them to remind guests before interviews to be wary of what they say.
7) Tamar Yonah has requested her program be replaced by other programs from INTR. J-AIR’s programming committee is looking into replacement programs.
Aleph Melbourne is pleased to hear that J-AIR are reinforcing anti-vilification requirements to their presenters, and also that the station is replacing the problematic Tamar Yonah Show syndication with alternative content.
Related coverage
Melbourne radio station J-AIR replaces program after homophobic broadcast | OUTinPerth
Jewish community submissions to Inquiry into Anti-Vilification Protections
Aleph Melbourne, together with other Jewish Community organisations, have provided submissions to the Victorian Government Inquiry into Anti-Vilification Protections.
Details of the inquiry, along with links to the submissions, are presented here.
Terms of Reference
Received from the Legislative Assembly on 12 September 2019:
An inquiry into current anti-vilification laws, their possible expansion, and/or extension of protections beyond existing classes to the Legal and Social Issues Committee for consideration and report no later than 1 September 2020.
The Committee should consider:
1) The effectiveness of the operation of the Racial and Religious Tolerance Act 2001 (the Act) in delivering upon its purposes;
2) The success or otherwise of enforcement of the Act, and the appropriateness of sanctions in delivering upon the Act’s purposes;
3) Interaction between the Act and other state and Commonwealth legislation;
4) Comparisons in the operation of the Victorian Act with legislation in other jurisdictions;
5) The role of state legislation in addressing online vilification.
6) The effectiveness of current approaches to law enforcement in addressing online offending.
7) Any evidence of increasing vilification and hate conduct in Victoria;
8) Possible extension of protections or expansion of protection to classes of people not currently protected under the existing Act;
9) Any work underway to engage with social media and technology companies to protect Victorians from vilification.
Terms of Reference – Inquiry into Anti-Vilification Protections
Submissions
The following submissions have been accepted by the Committee:
# 26. Jewish Community Council of Victoria
# 38. Online Hate Prevention Institute [supplementary submission]
# 55. Australian Jewish Association [supplementary submission]
# 57. Union for Progressive Judaism
# 58. Aleph Melbourne [supplementary submission]
Hearings and Transcripts
Past Hearings:
Tuesday, 25 February 2020
Meeting room G.1, 55 St Andrews Place, East Melbourne
Time | Witness | Transcript |
12:45pm | Jewish Community Council of Victoria Jennifer Huppert, President | Transcript |
Wednesday, 27 May 2020
Meeting room G.6, 55 St Andrews Place, East Melbourne and via videoconference
Time | Witness | Transcript |
1:30pm | Austalian Jewish Association Dr David Adler, President Ted Lapkin, Executive Director | Transcript |
Wednesday, 24 June 2020
Meeting room G.6, 55 St Andrews Place, East Melbourne and via videoconference
Time | Witness | Transcript |
11:20am | Union for Progressive Judaism | Transcript |
Tuesday, 25 June 2020
Meeting room G.6, 55 St Andrews Place, East Melbourne and via videoconference
Time | Witness | Transcript |
12:50pm | Executive Council of Australian Jewry | Transcript |
JCCV policy changes strengthen support for LGBTIQ+ people and people living with HIV
At their 2019 Annual General Meeting the Jewish Community Council of Victoria passed an amendment to their Policy Platform, in response to feedback from Aleph Melbourne and others, strengthening support for a range of groups including LGBTIQ+ people and people living with HIV.
The relevant changes, as detailed in the Agenda of the AGM, are outlined here:
14. Amendment to the JCCV Policy Platform
Proposed Resolution:
That Paragraph 3.7.4 of the JCCV Policy Platform be amended as shown in mark up:
Respect
3.7.4
CALLS FOR abstention from any public or private conduct that incites hatred against, serious contempt for, revulsion, vilification or severe ridicule of, another person or group on the ground of their identity (including race, religion, colour, disability, sexual orientation, gender identity/expression, sex characteristics, HIV/AIDS status, descent or and national, ethnic or ethno-religious origin) or the lawfully held views or personal medical decisions of that other person or group.
Note: the marked-up changes appear to have inadvertently removed the characteristic “gender”. Aleph Melbourne has raised this concern to the attention of the JCCV.
This amendment significantly builds on the ground-breaking 2010 reform where the JCCV added “sexual orientation” to their Policy Platform, and follows on from the (previously passed) changes the Executive Council of Australian Jewry made to their Policy Platform.
20191118-JCCV-AGM-Agenda
ECAJ policy changes strengthen support for LGBTIQ+ people and people living with HIV
In December 2019 the Executive Council of Australian Jewry effected a range of changes to their Policies, in response to feedback from Aleph Melbourne, strengthening support for LGBTIQ+ people and people living with HIV.
The relevant changes are outlined here.
1. Social Inclusion
BEFORE
1.5 ACKNOWLEDGES that in the Jewish community, social exclusion may result from a number of factors including: lack of educational or vocational opportunities; low levels of income; mental or physical illness or disability; or immigration without social support, and that such exclusion most often results in individuals being prevented through no fault of their own, from building a better future for themselves and their families;
1.6 NOTES that poverty amongst Australian Jews is no less prevalent than in other sectors of the Australian community and that aspects of inequality from which poverty stems and which require further investigation and support are:
Work opportunities particularly in the case of immigrants, families with young children, large families and religiously observant families and older people and people with a disability;
Access and Equity in the utilization of services – where members of the community do not have access to contacts, groups and opportunities which empower them to access the mainstream Jewish community and the wider society. This can arise from the inability to speak English, or lack of education and information, or lack of sufficient income to participate;
Social stigmas where individuals experience social exclusion from the community as a result of mental illness, disability, or choice of lifestyle;
AFTER
1.5 ACKNOWLEDGES that in the Jewish community, social exclusion may result from a number of factors including: lack of educational or vocational opportunities; low levels of income; mental or physical illness or disability; immigration without social support; or sexual orientation, gender identity/expression or sex characteristics, and that such exclusion most often results in individuals being prevented through no fault of their own, from building a better future for themselves and their families;
1.6 NOTES that poverty amongst Australian Jews is no less prevalent than in other sectors of the Australian community and that aspects of inequality from which poverty stems and which require further investigation and support are:
Work opportunities particularly in the case of immigrants, families with young children, large families and religiously observant families and older people and people with a disability;
Access and Equity in the utilization of services – where members of the community do not have access to contacts, groups and opportunities which empower them to access the mainstream Jewish community and the wider society. This can arise from the inability to speak English, or lack of education and information, or lack of sufficient income to participate;
Social stigmas where individuals experience social exclusion from the community as a result of mental illness, disability, or sexual orientation, gender identity/expression or sex characteristics;
3. Anti-Racism Legislation
BEFORE
3.11 CALLS ON the Federal Government to pass legislation to create an indictable offence based on the following model:
§*** (1) A person who, otherwise than in private, intentionally or recklessly promotes or advocates the use or threatened use of violence against, or who harasses or intimidates (although no actually bodily harm is occasioned), another person or group of people because of, or by reference to, the actual or presumed:
(i) race, colour, descent or national, ethnic or ethno-religious origin; or
(ii) religious belief or affiliation; or
(iii) homosexuality; or
(iv) HIV/AIDS infection; or
(v) transgender identity,
of the other person or of some or all of the members of the group, commits an indictable offence.
AFTER
3.11 CALLS ON the Federal Government to pass legislation to create an indictable offence based on the following model:
§*** (1) A person who, otherwise than in private, intentionally or recklessly promotes or advocates the use or threatened use of violence against, or who harasses or intimidates (although no actually bodily harm is occasioned), another person or group of people because of, or by reference to, the actual or presumed:
(i) race, colour, descent or national, ethnic or ethno-religious origin; or
(ii) religious belief or affiliation; or
(iii) sexual orientation; or
(iv) HIV/AIDS status; or
(v) gender identity/expression; or
(vi) sex characteristics,
of the other person or of some or all of the members of the group, commits an indictable offence.
54. Counteracting Hatred and Discrimination Against Gay, Lesbian, Bisexual and Transgender Persons
BEFORE
54.2 CALLS FOR mutual respect for the human dignity of all members of the community, despite any strongly held differences; recognition that disagreement is possible in ways that do not vilify other persons or their views; and avoidance of any public or private conduct that incites hatred, ridicule or contempt of another person or class of persons on the ground of their sexual orientation or gender identity; and, in accordance with the foregoing principles;
54.3 OPPOSES any form of hatred of any person on the grounds of sexual orientation or gender identity;
54.4 ACKNOWLEDGES that there is still much work to be done to remove intolerance of and unlawful discrimination against gay, lesbian, bisexual and transgender persons in the Jewish community and the wider Australian community, and to provide adequate services and support for them and their families; and
AFTER
54.2 CALLS FOR mutual respect for the human dignity of all members of the community, despite any strongly held differences; recognition that disagreement is possible in ways that do not vilify other persons or their views; and avoidance of any public or private conduct that incites hatred, ridicule or contempt of another person or class of persons on the ground of their sexual orientation or gender identity/expression, or sex characteristics; and, in accordance with the foregoing principles;
54.3 OPPOSES any form of hatred of any person on the grounds of sexual orientation or gender identity/expression, or sex characteristics;
54.4 ACKNOWLEDGES that there is still much work to be done to remove intolerance of and unlawful discrimination against gay, lesbian, bisexual, transgender and intersex persons in the Jewish community and the wider Australian community, and to provide adequate services and support for them and their families; and
55. Same Sex Civil marriage
BEFORE
55.7 AFFIRMS that in matters of ordinary trade and commerce, as distinct from matters of religious practice and belief, all people are entitled to be protected from adverse discriminatory treatment on the basis of their race, colour, sex, sexual orientation, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
AFTER
55.7 AFFIRMS that in matters of ordinary trade and commerce, as distinct from matters of religious practice and belief, all people are entitled to be protected from adverse discriminatory treatment on the basis of their race, colour, sex, sexual orientation, gender identity/expression, sex characteristics, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin.
55.8 That the ECAJ encourages each of its constituent organisations to align the formulation of its policies concerning the foregoing matters with those of the ECAJ, and that affiliate organisations which have adopted policies concerning such matters be encouraged to do likewise.
J-AIR SORRY FOR PODCAST | AJN
J-AIR SORRY FOR PODCAST | AJN
April 10 2020
Note: contrary to what is stated in this article, Aleph Melbourne co-convenor Michael Barnett did not contact J-AIR. The station approached Michael Barnett after independent concerns about the broadcast were brought to their attention.
Related coverage:
- Jewish broadcaster J-AIR airs interview stating “the pandemic is an exact designer drug … that will remove … problems … in the form of homosexuality and gays”
- J-AIR issues apology for broadcasting interview claiming the coronavirus pandemic was designed to eradicate homosexuality and gays
- J-AIR Talking to the Max interview with Michael Barnett – April 8 2020
Aleph Melbourne endorses Australia’s 2020 UN UPR NGO Coalition Report (Australia’s Human Rights Scorecard)
J-AIR Talking to the Max interview with Michael Barnett – April 8 2020
Melbourne Jewish radio station J-AIR host Gary Max interviewed Aleph Melbourne co-convenor Michael Barnett on the April 8 2020 edition of his Talking to the Max show.
Listen from 24:16 to 45:09.
On April 3 2020 J-AIR issued an apology for broadcasting content that vilified gay men.
Note: contrary to what is stated in the introduction to the interview, Michael Barnett did not raise a complaint with J-AIR regarding the offensive material. Station management chose to initiate their complaint handling process after concerns appearing on the Aleph Melbourne web site were independently brought to their attention.
J-AIR issues apology for broadcasting interview claiming the coronavirus pandemic was designed to eradicate homosexuality and gays
Radio station J-AIR has responded to our April 2 article Jewish broadcaster J-AIR airs interview stating “the pandemic is an exact designer drug … that will remove … problems … in the form of homosexuality and gays” by issuing the following apology on the front page of their web site:
J-AIR unreservedly apologises for broadcasting and podcasting comments that vilified the gay community in one of its regular programs.
The comments were made by Rabbi Mendel Kessin on the Tamar Yonah Show on Monday, 30 March 2020. Yonah hosts her own show on J-AIR’s sister station in Israel, Israel News Talk Radio (INTR), and Rabbi Kessin’s comment were originally aired on 24 March on the INTR program The Mystical Meaning of the Coronavirus with Rabbi Mendel Kessin. They were re-broadcast on J-AIR on 30 March.
J-AIR president George Banky said Rabbi Kessin’s views were totally unacceptable.
“J-AIR has initiated its complaints procedure in line with ACMA (Australian Communications and Media Authority) and CBAA (Community Broadcasting Association of Australia) requirements,” Dr Banky said.
“We have taken the podcast off line, and the complaints’ committee has started to review the show’s contents. The outcome of this process will be announced within 30 days, if not sooner. J-AIR is seeking an explanation from Tamar Yonah.
“J-AIR is very aware of its role as a community broadcaster and strictly adheres to the laws of this country, particularly the ones referring to broadcasting as mandated by ACMA.
Aleph Melbourne acknowledge that J-AIR are taking this matter seriously and responding appropriately, and look forward to seeing what further steps are put in place to ensure they do not broadcast content that vilifies LGBTIQ+ people again.
Media coverage
April 2
[J-Wire] J-Air broadcast invokes homosexuality as partly to blame for the pandemic
[Lost Messiah] Melbourne’s J-AIR Blaming the Homosexual Community for Covid-19
April 3
[J-wire] J-AIR apologies for homophobic content
[Lost Messiah] J-Air Apology for Bashing LGBTQ Members, Covid-19
April 4
[PinkNews] Jewish radio station apologises for claims that coronavirus is a ‘designer drug’ to eradicate gays before Messiah comes
[OUTinPerth] Melbourne’s Jewish radio station apologises for homophobic broadcast
April 6
[QNews] Jewish radio station sorry for rabbi’s homophobic coronavirus rant
Jewish broadcaster J-AIR airs interview stating “the pandemic is an exact designer drug … that will remove … problems … in the form of homosexuality and gays”
Jewish radio station J-AIR, dedicated to combating hate, broadcasts an interview that vilifies gay men.
On Monday March 30 2020 Melbourne’s Jewish radio station J-AIR 87.8FM broadcast their regular syndication of the Tamar Yonah Show, which included an interview with Rabbi Mendel Kessin.
The full episode of the March 30 Tamar Yonah Show was first posted here* but has since been taken down. An archive of the podcast is here and a backup copy of the podcast can be heard here.
The description of this episode of the Tamar Yonah Show states (in part):
Internationally known lecturer on current events and the Bible, Rabbi Mendel Kessin, joins Tamar Yonah and talks about the meaning behind this worldwide pandemic, what we are supposed to learn, and DO, in order to merit seeing the coming of the Messiah. He talks about the fear of death, atonement, suffering, and the world-wide economic collapse, and tells us how we can protect ourselves, as we enter into the Messianic era.
Aleph Melbourne has transcribed Rabbi Kessin’s interview commentary from time point 12:46 to time point 14:06:
And basically he’s 98% finished, that’s how close we are to the redemption. Therefore what god wants to do is bring the redemption. However, there are certain problems that must be addressed by god in order for the redemption to actually happen. And what we begin to see is that the pandemic is an exact designer drug, if you want to use that expression, that will remove these problems. Ah, in other words the plague itself is a vehicle, is an instrument, to accelerate the messianic process by removing these major problems. What are they? You see. So therefore what we see is the following. The first major problem is that man has corrupted his nature. There is a tremendous amount of, ah, what’s called immorality in the world today. It’s widespread. There’s, in Hebrew it’s called “prichus” (פְּרִיצוּת). We want, we could say it’s also in the form of homosexuality, and gays and so on and so forth, where all of a sudden the gender differentiation is, is tremendously blurred. So that is an incredible corruption of man’s nature.
Listen to the relevant audio here:
Rabbi Kessin is saying that his god is using the coronavirus pandemic to bring on the coming of the messiah by cleansing society of immorality caused in part by the scourge of homosexual sex between gay men.
This amounts to hate speech that vilifies gay (and also bisexual) men. It squarely lays blame for the coronavirus pandemic at the feet of sexually active gay men.
Broadcasting this language could be problematic for J-AIR as it may fall foul of at least the narrowcasting Codes of Practice, which states:
1.3 Narrowcasters will not broadcast programs which are likely to incite or perpetuate hatred against or vilify any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, religion, age, colour, physical or mental disability, transgender status or HIV/AIDS status…
Significantly for J-AIR, who are currently seeking a community broadcasting licence, this shocking lapse of editorial judgement reflects terribly on the integrity and good character of the station.
In Parliament on March 2 2020, Tim Wilson MP described J-AIR as “an outstanding broadcasting service …” that “… has begun working closely with the Community Security Group (CSG) to combat the rise of anti-Semitism and ensure the safety and security of the Jewish community in Victoria…”.
It’s entirely disappointing to see a radio station so dedicated to being both an outstanding broadcasting service and wanting to combat hate, find itself in a position where it is fuelling the fires of hate.
Next time J-AIR supporter Tim Wilson is mid-shtup he might want to take a moment to reflect on how he is, according to Rabbi Kessin, contributing to the kind of immorality that is causing the coronavirus pandemic. At the same time he might also want to reflect on how his praise for an “outstanding broadcasting service” dedicated to combating hate accurately describes a radio station that allows vilification of gay men like himself to go to air.
J-AIR must offer an unqualified and sincere apology, both on air and in writing, for this grave mistake and also provide air time for an in-depth interview covering the harms of intolerance of LGBTIQ+ people.
More importantly, while it still has a licence, J-AIR must comply with broadcasting standards, set the highest standard, and never again broadcast hate speech.
* https://omny.fm/shows/tamar-yonah-show/3-05pm-the-tamar-yonah-show-march-30-2020
Media coverage
April 2
Melbourne’s J-AIR Blaming the Homosexual Community for Covid-19 | Lost Messiah
April 3
J-Air Apology for Bashing LGBTQ Members, Covid-19 | Lost Messiah
April 4
April 6
Jewish radio station sorry for rabbi’s homophobic coronavirus rant| QNews