A self-proclaimed Nazi, Jacob Hersant, has become the first person to be convicted in the Australian state of Victoria for performing an outlawed Nazi salute. The incident occurred on October 27, 2023, when Hersant, 25, gave the salute and praised Adolf Hitler in front of news media cameras outside the Victoria County Court, six days after the Victorian government had made the salute illegal. The Federal Parliament had passed legislation in December outlawing the performance of the Nazi salute in public or the display, trade, or distribution of Nazi hate symbols nationwide.
Hersant was convicted by a Melbourne magistrate, who dismissed the defense lawyers’ arguments that the gesture was not a salute and that the ban was an unconstitutional infringement of his implied freedom of political communication. He is scheduled to be sentenced on Wednesday and faces up to 12 months in prison and a fine. In a statement outside the court, Hersant expressed his intention to consider an appeal to a higher court, stating that he did not necessarily acknowledge the actions he took when filmed by media cameras a year ago. However, he did confirm that he is a Nazi and would continue to give the salute, although he expressed a hope that police officers would not see it.
The conviction has been welcomed by anti-racism groups, with the Anti-Defamation Commission’s chair, Dvir Abramovich, describing it as a “historic and thundering day for justice and decency.” Abramovich, a leading opponent of antisemitism in Australia, expressed relief that the perpetrator had been held accountable for his actions. This conviction is significant, as it sends a clear message that such actions will not be tolerated in Australia, and it marks an important step forward in the fight against racism and hate speech.